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

Detailed Legal Analysis

If your builder in Moradabad has delayed possession of your flat for over three years, you can take action under the Real Estate (Regulation and Development) Act, 2016 (RERA), which provides a framework for the resolution of such issues.

Here are the steps you can take under RERA:

• File a Complaint with RERA: You can file a complaint against the builder with the RERA authority in Uttar Pradesh. This can be done online through the official RERA website or by visiting the office in person.
• Gather Documentation: Collect all relevant documents, including:
  • Sale agreement or builder-buyer agreement
  • Payment receipts
  • Correspondence with the builder regarding possession
  • Any notices sent to the builder
• Timeline for Filing: Ensure that you file your complaint within the stipulated time frame. Under Section 31 of RERA, the complaint can be filed within 3 years from the date when the cause of action arises.
• RERA Authority's Powers: The RERA authority has the power to:
  • Direct the builder to hand over possession of the flat.
  • Order payment of compensation to the buyer for the delay.
  • Impose penalties on the builder for non-compliance.
• Mediation and Hearing: The authority may facilitate mediation between you and the builder. If mediation fails, a formal hearing will be conducted.
• Order Enforcement: If the RERA authority issues an order in your favor, the builder is legally obligated to comply. Failure to do so may lead to further penalties or legal action.

Additionally, under Section 18 of RERA, if the builder fails to deliver possession on time, you are entitled to interest at the rate specified by RERA for the period of delay. This can be claimed along with the possession of your property.

In case the builder does not comply with the RERA authority's order, you may also consider filing a civil suit for specific performance or seek compensation through the Consumer Protection Act, 2019.