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

Detailed Legal Analysis

If your builder in Kanpur has delayed possession of your flat for over three years, you can seek redress under the Real Estate (Regulation and Development) Act, 2016 (RERA). This act is designed to protect homebuyers and ensure timely delivery of flats by builders.

Here are the steps you can take under RERA:

• File a Complaint with RERA:
  • You can file a complaint with the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) if the builder has failed to deliver possession as per the agreement.
  • Complaints can be filed online through the UP RERA website or in person at their office.
• Documentation Required:
  • Agreement for Sale: A copy of the original agreement you signed with the builder.
  • Payment Receipts: Proof of payments made towards the purchase of the flat.
  • Communication Records: Any correspondence with the builder regarding possession delays.
• Grounds for Complaint:
  • Under Section 18 of RERA, if the builder fails to deliver possession by the promised date, you can claim compensation for the delay.
  • Section 19 provides that the builder must complete the project within the stipulated time, failing which they are liable to refund the amount along with interest.
• Remedies Available:
  • Compensation for delayed possession can be claimed, which may include interest on the amount paid.
  • You may also seek a refund of the amount paid along with interest if you choose to terminate the agreement.
• Timeframe:
  • RERA mandates that complaints should be resolved within 60 days of filing.

Additionally, you can approach the Consumer Forum if RERA does not provide satisfactory relief. Under the Consumer Protection Act, 2019, you can file a complaint against the builder for deficiency in service.

It is advisable to consult a legal expert specializing in real estate matters for assistance throughout the process to ensure your rights are protected.