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

Detailed Legal Analysis

If your builder in Rohtak has delayed possession of your flat for over three years, you can initiate a complaint under the Real Estate (Regulation and Development) Act, 2016 (RERA) to seek redress.

Here are the steps and key points to consider when proceeding under RERA:

• Understanding RERA: RERA was enacted to protect homebuyers by ensuring transparency and accountability in the real estate sector.
• Eligibility to file a complaint: As a buyer, you have the right to file a complaint if the builder has failed to deliver possession within the agreed timeline, as per the provisions of Section 18 of RERA.
• Document your grievance: Collect all necessary documents that support your claim, including:
  • All agreements with the builder (sale agreement, allotment letter)
  • Payment receipts
  • Correspondence with the builder regarding possession
  • Any communication indicating the promised possession date
• Filing a complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority in your state (Haryana RERA in your case) through:
  • Online registration on the Haryana RERA website or
  • Filing a physical complaint at the RERA office.
• Required information: Your complaint should include:
  • Your details (name, address, contact information)
  • Details of the builder (name, registration number)
  • Description of the property (flat number, project name)
  • Specifics of the delay and the relief sought (possession, compensation, etc.)
• Hearing and resolution: After filing, the authority will schedule a hearing where both parties can present their cases. RERA mandates that disputes be resolved within 60 days.
• Possible outcomes: If the authority finds in your favor, it may direct the builder to:
  • Hand over possession
  • Pay compensation for the delay
  • Provide any other remedies deemed appropriate.
• Further escalation: If unsatisfied with the RERA authority’s decision, you may appeal to the Appellate Tribunal within 60 days of the order.

By following these steps, you can effectively address the delay in possession of your flat under RERA provisions.