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

Detailed Legal Analysis

If your builder in Udaipur 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 you can follow to address the delay:

• File a Complaint with RERA: You can file a complaint against the builder with the RERA authority of Rajasthan. The complaint should include details of the agreement, the delay in possession, and any communication with the builder.
• Documentation: Prepare the necessary documents to support your complaint. This may include:
  • Copy of the sale agreement
  • Payment receipts
  • Correspondence with the builder
  • Any notices served to the builder regarding the delay
• RERA Authority Proceedings: Once your complaint is submitted, the RERA authority will conduct an inquiry. This may involve:
  • Summoning the builder for explanation
  • Hearing both parties
  • Issuing interim orders if necessary
• Remedies under RERA: If the RERA authority finds in your favor, you may be entitled to:
  • Possession of the flat within a stipulated time frame
  • Compensation for the delay as prescribed under Section 18 of RERA
  • Interest on the amount paid, as specified under Section 71 of RERA
• Approach Consumer Forum: If RERA does not resolve the issue satisfactorily, you have the right to approach the Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019. You can file a complaint citing deficiency in service.
• Legal Action: As a last resort, you may consider filing a civil suit in the appropriate court seeking specific performance of the contract or damages for the delay.

It is advisable to consult a lawyer who specializes in real estate law to guide you through the process and ensure all legal formalities are correctly followed.