The builder of my flat in Dwarka used inferior quality materials, can I claim compensation under RERA?
RE Asked by Rekha Pandey from India
Quick Answer
The Real Estate (Regulation and Development) Act, 2016 provides for compensation to home buyers for defects in construction and use of inferior quality materials.
Detailed Legal Analysis
The Real Estate (Regulation and Development) Act, 2016 provides for compensation to home buyers for defects in construction and use of inferior quality materials. In Dwarka, you can file a complaint with the Delhi Rent Control Act 1958 Real Estate Regulatory Authority within five years of taking possession.
The Authority can direct the builder to rectify the defects or pay compensation for the deficiency. The Delhi High Court has upheld the Authority's power to order compensation for use of inferior materials.
You must produce evidence such as a quality audit report, photographs, and correspondence with the builder. The builder is required to rectify the defects within the time specified by the Authority.
If the builder fails to comply, you can seek further relief including refund. The decision of the Authority is appealable to the Real Estate Appellate Tribunal.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.