What is the procedure to file a complaint under RERA 2016 against a builder who has delayed possession of my flat? Please explain the complete legal process and procedure involved.

Detailed Legal Analysis

To file a complaint under the Real Estate (Regulation and Development) Act, 2016 (RERA 2016) against a builder for delayed possession of your flat, you need to follow a structured legal process.

Here is a detailed procedure to file your complaint:

• Verify Eligibility: Ensure that your builder is registered under RERA and your project is covered by the Act. Refer to Section 3 of RERA, which mandates registration for real estate projects.
• Gather Documentation: Collect all necessary documents including:
  • Booking receipt or agreement for sale
  • Payment receipts
  • Builder's registration details
  • Any correspondence with the builder regarding possession
• Drafting the Complaint: Prepare a complaint detailing:
  • Your personal information (name, contact details)
  • Details of the builder and the project
  • Specific issues (e.g., delay in possession, lack of communication)
  • Reference to the clauses in the agreement that were violated
  • Desired remedies (e.g., possession of the flat, compensation for delay)
• Filing the Complaint: Submit your complaint to the respective RERA authority in Tamil Nadu, which is the Tamil Nadu Real Estate Regulatory Authority (TNRERA). You can do this:
  • Online through the TNRERA website
  • By post or in person at the RERA office
• Pay the Fees: Along with the complaint, pay the required fees as stipulated under the RERA (Registration of Real Estate Projects and Real Estate Agents) Rules, 2017. The fee structure is generally based on the amount involved in the transaction.
• Await Acknowledgment: After submission, you will receive an acknowledgment from TNRERA. This is crucial for tracking your complaint.
• Attend Hearings: Be prepared to attend hearings if the authority schedules them. Present your case clearly and provide any additional evidence if required.
• Await Decision: The RERA authority will pass an order based on the merits of your complaint, as per Section 31 of RERA 2016, which mandates the authority to resolve disputes expeditiously.

It is advisable to consult with a legal professional experienced in RERA matters to guide you through the process and ensure compliance with all legal requirements.