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

Detailed Legal Analysis

If your builder in Ujjain 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 take to address the issue:

• Understand your rights under RERA: RERA mandates that builders must hand over possession of flats within the stipulated time frame specified in the sale agreement. If the builder fails to do so, you have the right to seek remedies.
• File a complaint with the RERA authority: You can file a complaint against the builder with the RERA authority in your state. In Madhya Pradesh, this can be done through the Madhya Pradesh RERA website. The relevant sections of RERA include:
  • Section 31: Provides for filing a complaint by the aggrieved party.
  • Section 12: Deals with the obligations of the promoter regarding possession.
• Gather necessary documents: Ensure you have all relevant documentation, including:
  • Sale agreement or builder-buyer agreement.
  • Payment receipts.
  • Correspondence with the builder regarding possession delays.
  • Any other documents proving your claim.
• Seek compensation: Under RERA, you can claim compensation for the delay in possession. The compensation can be calculated based on the interest on the amount paid for the period of delay.
• Legal recourse: If the complaint resolution through RERA does not yield satisfactory results, you can approach the Consumer Forum under the Consumer Protection Act, 2019. This is applicable under:
  • Section 2(1)(d): Defines services, which include the services provided by builders.
  • Section 21: Deals with the jurisdiction of the Consumer Forum.

It is advisable to consult with a legal expert specializing in property law to guide you through the process and help you address the situation effectively.