The builder of my flat in Dibrugarh used inferior quality materials, can I claim compensation under RERA?

Detailed Legal Analysis

Yes, you can claim compensation under the Real Estate (Regulation and Development) Act, 2016 (RERA) if the builder has used inferior quality materials in the construction of your flat in Dibrugarh.

Under RERA, builders are obligated to ensure the quality and specifications of the materials used in construction conform to the agreed standards in the sale agreement. If they fail to do so, homebuyers have the right to seek redressal. Here are the steps and key points to consider when claiming compensation under RERA:

• Document Evidence: Gather all relevant documents, including the sale agreement, photographs of construction defects, and any communication with the builder regarding the quality of materials.
• Check RERA Registration: Verify that the project is registered under RERA. You can do this by visiting the official RERA website of your state (Assam) and searching for the project details.
• File a Complaint: You can file a complaint with the Real Estate Regulatory Authority (RERA) in Assam. The complaint can be made online or through a physical submission, depending on the state’s procedures.
• Compensation Claim: In your complaint, specify the nature of the defects, the inferior quality of materials used, and the compensation you are seeking. Under Section 12 of RERA, builders are liable to compensate for any loss due to defects in title or quality.
• Mediation Process: Once the complaint is filed, RERA may initiate a mediation process or a hearing. Be prepared to present your case, including all evidence collected.
• Order from RERA: If RERA finds in your favor, they may issue an order directing the builder to rectify the defects or compensate you. According to Section 31 of RERA, the builder must comply with the authority's orders.
• Seek Legal Help: If the builder fails to comply with the RERA order, you may seek further legal action through the state consumer forum or civil court, as per the Consumer Protection Act, 2019.

In summary, RERA provides a robust framework for homebuyers to claim compensation for substandard construction. Ensure you follow the procedural steps diligently to strengthen your case.