My builder in Imphal delayed my flat by three years; can I file a RERA complaint?

Detailed Legal Analysis

You can file a complaint with the Real Estate Regulatory Authority (RERA) due to the delay in possession of your flat by the builder in Imphal, as RERA provides a platform for homebuyers to seek redressal for grievances against builders.

Under the Real Estate (Regulation and Development) Act, 2016, several provisions protect the rights of homebuyers and impose obligations on builders. Here are the key points you should consider:

• Eligibility to File a Complaint: As a buyer, you are eligible to file a complaint if the builder has failed to deliver possession of the property as per the agreed timeline.
• Documentary Evidence: Gather all relevant documents, including:
  • Sale agreement
  • Payment receipts
  • Any communication with the builder regarding the delay
  • Possession date originally promised
• Submission of Complaint: You can file a complaint with the RERA authority in your respective state. In Manipur, the RERA authority can be approached for grievance redressal.
• Time Limit for Filing: Complaints should typically be filed within 5 years from the date of possession or the date of breach of agreement.

According to Section 31 of the Real Estate (Regulation and Development) Act, 2016, a homebuyer can file a complaint before the authority for any violation of the provisions of the Act. Furthermore, builders are mandated to adhere to the timelines specified in the agreement as per Section 13 of the Act. Delays in possession attract penalties under Section 18, which allows the homebuyer to claim compensation with interest.

Once your complaint is filed, the RERA authority is required to take action on the complaint within a specified timeline, ensuring that your grievance is addressed promptly. If the builder fails to comply with the authority's orders, further legal action can be pursued.

In summary, you have the right to file a RERA complaint due to the builder's delay, and the process involves gathering evidence, submitting your complaint to the appropriate authority, and potentially claiming compensation for the delay.