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

Detailed Legal Analysis

If your builder in Mumbai 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 address this issue:

• File a Complaint with the RERA Authority: You can file a complaint against the builder with the Maharashtra Real Estate Regulatory Authority (MahaRERA). This can be done online through the MahaRERA website.
• Gather Documentation: Collect all relevant documents, including:
• Sale agreement or allotment letter.
• Payment receipts.
• Correspondence with the builder regarding possession.
• Any communication regarding project delays.
• Submit a Written Complaint: Draft a complaint outlining the builder’s failure to deliver possession and any losses incurred due to the delay. Include all supporting documents.
• Claim for Compensation: Under Section 18 of RERA, if the builder fails to deliver possession on time, you are entitled to claim compensation. This can include:
• Interest on the amount paid.
• Compensation for any damages incurred due to the delay.
• Attend Hearings: Once your complaint is filed, you may be called for hearings. Be prepared to present your case and provide all necessary documentation.
• Seek Possession or Refund: You can either demand possession of the flat or, if you choose, request a full refund of the amount paid along with compensation.
• Escalate to the Appellate Tribunal: If you are dissatisfied with the decision made by the RERA authority, you have the right to appeal to the Maharashtra Real Estate Appellate Tribunal under Section 43 of RERA.

Additionally, under the Consumer Protection Act, 2019, you may also file a complaint against the builder in the consumer court for deficiency in service. The National Consumer Disputes Redressal Commission (NCDRC) has jurisdiction over such matters.

In summary, under RERA, you have the right to demand possession, seek compensation, or request a refund due to the builder's delay in handing over possession of your flat. Taking these steps can help you hold the builder accountable and protect your rights as a homebuyer.