The builder of my flat in Shillong 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 of your flat in Shillong has used inferior quality materials.

RERA aims to protect the interests of homebuyers and promote transparency in the real estate sector. Under RERA, builders are obligated to ensure that the construction is carried out in accordance with the approved plans and specifications. If the builder fails to meet these standards, you have the right to seek redressal.

Here are the steps and requirements to claim compensation under RERA:

• Identify the Defect: Document the inferior quality of materials used in the construction of your flat. Take photographs and keep samples if possible.
• Check RERA Registration: Ensure that the builder is registered under RERA. You can verify this through the official RERA website for your state.
• File a Complaint: If the builder is registered, file a complaint with the appropriate Real Estate Regulatory Authority (RERA) in your state. In Meghalaya, this would be the Meghalaya Real Estate Regulatory Authority.
• Provide Evidence: Along with your complaint, submit all evidence, including photographs, agreements, and any correspondence with the builder regarding the issue.
• Seek Compensation: Clearly state the compensation you are seeking, which could include the cost of repairs, a refund, or any other appropriate claim.
• Attend Hearings: Be prepared to attend hearings before the RERA authority where you can present your case and evidence.
• Await Decision: After hearing both parties, the RERA authority will issue a decision which you must comply with.

Relevant provisions under RERA include:

• Section 14: This section mandates that the builder must complete the project as per the sanctioned plan and specifications.
• Section 18: This section provides for compensation to be paid by the builder if he fails to deliver possession of the apartment as promised or if the quality of construction is substandard.

In addition to RERA, you may also consider filing a consumer complaint under the Consumer Protection Act, 2019, if you believe that the builder’s actions amount to a deficiency in service.