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

Detailed Legal Analysis

If your builder in Kochi 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 you can follow to seek redressal under RERA:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) in your state. The complaint can be submitted online or in person.
• Documentation: Prepare all necessary documents, including:
  • Copy of the sale agreement.
  • Payment receipts made to the builder.
  • Any correspondence between you and the builder regarding possession.
• Grounds for Complaint: Under Section 18 of RERA, if the builder fails to give possession of the unit within the stipulated time, you are entitled to a refund of the amount paid along with interest. You can also seek compensation for any additional losses incurred.
• Time Frame: RERA mandates that complaints must be resolved within 60 days from the date of filing, ensuring timely justice.
• Seek Information: You can also request information from the builder regarding the reasons for the delay and the expected date of possession under the Right to Information Act, 2005.
• Engagement of Legal Counsel: If the builder continues to delay or does not respond satisfactorily, consider engaging a lawyer specializing in real estate law to help you with further legal action.

Additionally, in case RERA does not provide a satisfactory resolution, you may approach the Consumer Forum under the Consumer Protection Act, 2019, as homebuyers are considered consumers under this law. Section 2(1)(d) defines services, and a delay in possession can be construed as a deficiency in service.

In summary, you have several avenues under RERA and the Consumer Protection Act to seek redressal for the delayed possession of your flat. It is advisable to act promptly to ensure your rights are protected.