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

Detailed Legal Analysis

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

RERA was enacted to protect the interests of homebuyers and promote transparency in the real estate sector. Here are the steps you can take to address the issue:

• Check Registration: Ensure that your project is registered under RERA. You can verify this on the official RERA website of Kerala or the relevant state authority.
• Documentation: Gather all relevant documents, including the sale agreement, payment receipts, and any communication with the builder regarding possession.
• File a Complaint: Under Section 31 of RERA, you can file a complaint against the builder for not delivering possession on time. The complaint can be filed with the Real Estate Regulatory Authority (RERA) in Kerala.
• Compensation Claim: According to Section 12 (1) of RERA, if the builder fails to deliver possession, you are entitled to a refund of the amount paid along with interest. You can claim compensation for the delay as well.
• Timeframe for Complaint: You must file your complaint within five years from the date of possession as specified in the agreement.
• Seek Mediation: RERA encourages mediation between buyers and builders to resolve disputes amicably. You may opt for this before escalating the matter further.
• Legal Recourse: If the issue is not resolved through RERA, you can approach the consumer forum under the Consumer Protection Act, 2019, citing deficiency in service.

Additionally, you can also seek legal advice from a lawyer specializing in property law to explore further options, including filing a civil suit against the builder for breach of contract.

It's important to act promptly and keep all communication documented to strengthen your case. RERA aims to ensure that builders adhere to timelines and provide remedies to buyers facing delays.