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

Detailed Legal Analysis

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

Here are the steps you can take to address the possession delay:

• File a Complaint with RERA: You can approach the Gujarat Real Estate Regulatory Authority (Gujarat RERA) where the project is registered. The complaint can be filed online through the RERA website or in person.
• Gather Documentation: Prepare all documents related to your purchase, including:
• Sale Agreement
• Payment Receipts
• Any communication with the builder regarding possession
• RERA registration number of the project
• Any delay in construction certificates, if available
• Submit the Complaint: Fill out the complaint form available on the RERA website and attach all necessary documents. Include details such as:
• Your personal information
• Project details
• Specifics of the delay
• Relief sought (e.g., possession, compensation, interest on delayed possession)
• Await Response: RERA will acknowledge your complaint and may schedule a hearing. You will be informed of the date and time.
• Attend the Hearing: Be present at the hearing, and present your case effectively. You may be accompanied by a lawyer if needed.
• RERA's Order: After the hearing, RERA will pass an order. If the builder is found at fault, RERA can order the builder to hand over possession, pay compensation, or refund your money with interest.
• Enforcement of RERA Orders: If the builder fails to comply with RERA's order, you can approach the civil court for enforcement or initiate proceedings against the builder under RERA.

Under Section 18 of RERA, if the builder fails to deliver possession on time, he is liable to pay interest for the delay. You have the right to seek legal recourse for the inconvenience caused by the builder's delay.

Additionally, if the builder’s actions are fraudulent or constitute a breach of trust, you may consider pursuing actions under the Indian Penal Code (IPC) as well.