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

Detailed Legal Analysis

If your builder in Sambalpur has delayed 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 and options available to you under RERA:

• Understand the Provisions of RERA: RERA was enacted to protect homebuyers and promote transparency in the real estate sector. Under RERA, builders are obligated to deliver possession of the property on time as per the agreement.
• Check for Registration: Verify if your builder is registered under RERA. You can do this by visiting the RERA website of your state (Odisha RERA in your case) and checking the project registration details.
• Notice to Builder: Draft a formal notice to the builder, detailing the delay in possession and citing the specific clauses in the sale agreement that they have violated. This notice should demand a response and set a reasonable time for compliance.
• File a Complaint: If there is no satisfactory response, you can file a complaint with the RERA authority. Under Section 31 of RERA, any aggrieved homebuyer can approach the authority for redressal. You will need to provide:
• Details of the project
• Copies of the sale agreement
• Proof of payments made
• Any correspondence with the builder
• Request for Compensation: Under Section 12 of RERA, you may be entitled to compensation for the delay in possession. The builder is liable to pay interest for every month of delay.
• Seek Legal Assistance: If the situation does not improve, consider consulting a lawyer who specializes in property law to discuss the possibility of filing a civil suit for breach of contract or seeking further remedies.
• Join a Group of Buyers: If there are other buyers facing similar issues, consider forming a group to collectively raise concerns, which can be more effective than individual complaints.

In summary, under RERA, you have the right to seek timely possession and compensation for delays. By following the outlined steps, you can effectively address the issue with your builder.