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

Detailed Legal Analysis

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

Under RERA, you have several options to address the delay in possession:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority of Uttar Pradesh. The complaint should include details such as your registration number, the builder’s details, and documentation of the delay in possession.
• Claim for Compensation: According to Section 18 of RERA, if the builder fails to deliver possession on time, you are entitled to seek compensation. You can claim the amount paid along with interest or any other compensation for the delay.
• Request for Possession: You may formally request the builder to provide possession of the flat with a notice detailing the timeline of delay and your expectations for resolution.
• Engage Legal Counsel: It is advisable to engage a lawyer who specializes in real estate to assist you in drafting the complaint or legal notice, and to represent you in proceedings if necessary.
• Seek Refund: If you wish to withdraw from the project due to the delay, you may request a full refund of the amount paid along with interest as per Section 18(1) of RERA.

Additionally, you can escalate the matter to the Appellate Tribunal if you are not satisfied with the decision of the RERA authority. The RERA provides a structured process for grievances, ensuring that builders comply with their commitments.

It is important to document all communications with the builder, including emails, letters, and notices, as these will support your case throughout the complaint process. Make sure to keep copies of payment receipts and agreements to substantiate your claim.

Lastly, you can also consider filing a civil suit for specific performance of the agreement if RERA does not yield satisfactory results, as per the provisions of the Specific Relief Act, 1963.