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

Detailed Legal Analysis

Yes, you can file a complaint under the Real Estate (Regulation and Development) Act, 2016 (RERA) against your builder for the delay in possession of your flat in Jodhpur.

RERA was enacted to protect the interests of homebuyers and ensure transparency in the real estate sector. If your builder has delayed the possession of your flat by three years, you have the right to seek redressal through the RERA authorities.

Here are the steps you should follow to file a RERA complaint:

• Verify Registration: Ensure that the builder is registered under RERA. You can check the registration status on the RERA website of your state.
• Document Collection: Gather all relevant documents, such as the sale agreement, payment receipts, and any correspondence with the builder regarding the delay.
• Drafting the Complaint: Prepare a detailed complaint stating the following:
  • Your name and contact details.
  • Details of the project, including the project name, registration number, and address.
  • Nature of the complaint, specifically mentioning the delay in possession and any financial losses incurred.
  • Any attempts made to resolve the issue directly with the builder.
• Filing the Complaint: Submit the complaint to the relevant RERA authority. In Rajasthan, you can file the complaint online through the RERA Rajasthan website or physically at the RERA office.
• Payment of Fees: Pay the applicable fees for filing the complaint as prescribed by the RERA authority.
• Follow-up: After submission, keep track of your complaint status. You may be called for a hearing or asked to provide additional information.

Relevant provisions under RERA include:

• Section 18: This section mandates that if the builder fails to deliver possession on time, the buyer is entitled to a refund of the amount paid along with interest.
• Section 31: This section allows homebuyers to file a complaint with the authority against builders for any violation of the provisions of the act.

By following these steps and utilizing RERA, you can seek justice and potentially recover your losses due to the builder's delay.