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

Detailed Legal Analysis

If your builder in Madurai has delayed possession of your flat for over three years, you can take action under the Real Estate (Regulation and Development) Act, 2016 (RERA).

As a homebuyer, you have several rights and options available to you under RERA. Here’s what you can do:

• File a Complaint with RERA: You can approach the RERA authority in Tamil Nadu. According to Section 31 of RERA, any aggrieved party can file a complaint against the builder for breach of contract or delay in possession.
• Provide Necessary Documentation: Gather all relevant documents, including:
  • Agreement for Sale
  • Payment receipts
  • Communication records with the builder
  • Any prior complaints or notices served to the builder
• Submit the Complaint: File your complaint with the Tamil Nadu RERA authority, which requires you to fill out a prescribed form and submit it along with the necessary documents. Ensure you keep copies of everything submitted.
• Seek Compensation: Under Section 18 of RERA, if the builder fails to hand over possession of the flat on time, you are entitled to compensation which may include a refund of the amount paid along with interest for the delay.
• Attend the Hearing: After submission, RERA will schedule a hearing. Be prepared to present your case and any evidence supporting your claim.
• Follow Up: After the hearing, RERA will issue an order. If the order is in your favor and the builder still fails to comply, you can take further legal action.

Additionally, you may consider approaching the Consumer Forum under the Consumer Protection Act, 2019, if you wish to seek damages for mental agony and financial loss due to the delay. The Consumer Forum can offer relief in terms of compensation exceeding what RERA may provide.

It is advisable to consult with a lawyer specializing in property law to assist you through this process and ensure that your rights are protected effectively.