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

Detailed Legal Analysis

If your builder in Kohima 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).

Under RERA, you have several rights and options to address this situation:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) in your state. As per Section 31 of the RERA, any aggrieved person can approach the authority if the promoter does not comply with the prescribed rules or regulations.
• Claim for Compensation: Under Section 12(1) of RERA, if the builder fails to deliver possession on time, you can claim compensation from the builder. You may seek interest at the rate prescribed (usually 2% above the prevailing State Bank of India’s highest marginal cost of lending rate) for the period of delay.
• Seek Possession: You can demand possession of the flat as per the terms laid out in the sale agreement. If the builder still does not comply, you can escalate the issue to the RERA authority.
• File a Civil Suit: If the resolution through RERA is unsatisfactory, you can file a civil suit against the builder in the appropriate court under Section 18 of RERA to seek possession or refund, along with compensation for the delay.
• Engage a Lawyer: It is advisable to consult with a lawyer specializing in real estate to guide you through the process and help you prepare the necessary documentation for your claims.

In addition to these steps, keep documentation of all communications with the builder, including emails, letters, and records of payment made for the flat, as these will support your case. The RERA also mandates that builders must provide timely updates regarding the project, and failure to do so can be grounds for your complaint.

Finally, you may also check if your state has specific rules under RERA that provide additional avenues for relief or compensation, as the implementation of RERA can vary by state. In Nagaland, where Kohima is located, ensure to refer to any local amendments or provisions under the RERA framework.