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

Detailed Legal Analysis

If your builder in Jabalpur has delayed possession of your flat for over three years, you can file a complaint under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Here are the steps you can take to seek redress under RERA:

• Understand Your Rights: Under Section 18 of RERA, if a builder fails to deliver possession of the property within the stipulated time, the buyer is entitled to a refund of the amount paid along with interest.
• Gather Documentation: Collect all relevant documents, including:
  • Sale agreement or builder-buyer agreement
  • Payment receipts
  • Correspondence with the builder regarding possession
  • Registration details of the property
• File a Complaint: You can file a complaint with the RERA Authority in Madhya Pradesh. The process involves:
  • Filling out the complaint form available on the official RERA portal.
  • Paying the requisite fee for filing the complaint.
  • Submitting all supporting documents along with the complaint.
• Attend Hearing: After filing the complaint, a hearing will be scheduled. Be prepared to present your case clearly and succinctly.
• Await the Order: The RERA Authority will pass an order based on the merits of your case. If the builder is found liable, they may be directed to:
  • Complete the construction and hand over possession.
  • Refund the amount paid along with interest.
  • Pay compensation for the delay.
• Appeal if Necessary: If you are not satisfied with the RERA Authority's decision, you may appeal to the Appellate Tribunal within 60 days of the order.

Additionally, you can also consider filing a consumer complaint under the Consumer Protection Act, 2019, if you believe that your rights as a consumer have been violated due to the builder's delay.

It is advisable to consult with a legal professional who specializes in real estate matters for tailored guidance and to navigate the legal process effectively.