My builder in Indore has delayed giving possession of my flat for over three years, what can I do under RERA?

Detailed Legal Analysis

If your builder in Indore has delayed giving possession of your flat for over three years, you can take action under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Here are the steps and options available to you under RERA:

• File a Complaint with RERA Authority: You can file a complaint against the builder with the RERA authority in Madhya Pradesh. Ensure you include the following details:
  • Your registration number and details of the project.
  • Specific details regarding the delay in possession.
  • Copies of the agreement for sale and any correspondence with the builder.
• Claim Compensation: Under Section 18 of RERA, if the builder fails to deliver possession on time, you can claim compensation for the delay. The builder is liable to pay interest for every month of delay. The compensation can be calculated as:
  • Interest on the amount paid by you at the rate prescribed by RERA, which is currently 2% above the State Bank of India’s highest marginal cost of lending rate.
• Seek Registration of Your Complaint: Your complaint must be registered within the stipulated time frame (generally within 5 years from the date of possession due), as per Section 31 of RERA.
• Engage Legal Help: If necessary, you may also choose to engage a lawyer who specializes in real estate law to assist you with the filing process and representation before the RERA authority.
• Consider Alternative Dispute Resolution: RERA encourages resolving disputes through mediation. You may try to settle the matter amicably with the builder before taking it to the authority.

Additionally, you can also approach the Consumer Forum under the Consumer Protection Act, 2019, if you feel that your consumer rights have been violated due to the builder’s negligence. This can provide you with an alternative remedy.

Remember to keep all your documentation in order, as it will be crucial in supporting your claim against the builder. Prompt action is advisable to ensure your rights are protected under the law.