My builder in Jammu has delayed giving possession of my flat for over three years, what can I do under RERA?
AN Asked by Anita Desai from India
Quick Answer
Delay in possession is one of the most common grievances addressed under the Real Estate (Regulation and Development) Act, 2016.
Detailed Legal Analysis
Delay in possession is one of the most common grievances addressed under the Real Estate (Regulation and Development) Act, 2016. In Jammu, you can file a complaint with the Jammu and Kashmir Rent Control Act 1966 Real Estate Regulatory Authority seeking refund with interest or possession with compensation for delay.
The Authority can direct the builder to pay interest for the period of delay as specified in the agreement. The Jammu and Kashmir High Court has held that buyers are entitled to interim interest and compensation for delayed possession.
You must submit the agreement for sale, payment receipts, and correspondence with the builder. The builder may claim extension of time on grounds of force majeure but must justify the claim before the Authority.
If the builder fails to comply with the order, you can approach the Real Estate Appellate Tribunal for enforcement. You may also file a consumer complaint before the Consumer Disputes Redressal Commission.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.