How Can You File A Suit Against Builders For Delayed Possession Under Rera?

Recently, homebuyers in India have been subject to several challenges due to the stalling possession of their residential properties. To solve these challenges and protect homebuyers at the same time in delivering projects on time, the Real Estate (Regulation and Development) Act, 2016 (RERA) was introduce. RERA has provided very strong structures under which homebuyers can file complaints and seek remedies. In case homebuyers are stuck under such delay possession.

RERA and Its Objectives

RERA was mainly enact for the protection of homebuyers while enhancing the transparency and accountability of the real estate sector. It requires all real estate projects, whether residential or commercial, to be register with state-level Real Estate Regulatory Authorities. In addition, RERA requires builders to keep promise timelines and specifications declared in projects.

The primary Provisions of RERA are:

• Project Registration: The projects exceeding the prescribe limits are require to be register with the regulatory authority.
• Transparency: Builders shall furnish project details that include timelines, approvals, and costs.
• Timely Possession: Builders are require to stick to commit possession dates. Delay means penalty.
• Redressal of Grievances: A consumer can complain against a developer for noncompliance with RERA in terms of various provisions.

Grounds for Filing a Complaint under RERA

The grounds for filing a complaint under RERA are:

• If the developer delays delivery beyond the promised possession time.
• If there are divergences in construction quality or specifications promised.
• If the developer misuses the project funds and fails to disclose the project information.
• If the hidden charges levied without prior disclosure.
• If the builder unreasonably cancels the project or does not refund after cancellation of the project.

Filing a Suit Against Builders for Delayed Possession under RERA Process

Check RERA Registration of the Project: You must ensure that the project is register under RERA before filing a complaint. The state’s RERA-specific website will enable you to check the registration details. The project has no registration; in that case, consider alternative remedies.

Accumulate Proof Documents: You need to have all kinds of documents to support your claim, such as the following

• Sale agreement or builder-buyer agreement.
• Evidence of payments made to the builder.
• Documentation in the form of communications (emails, letters, etc.) about timelines of possession.
• Project brochure or advertisements showing possession dates and specifications.

Write the Complaint: Write a detailed complaint with the following contents.

• Your particulars and relationship with the project (homebuyer).
• Particulars of builder and project.
• Specific grievances, including delaying possession and how it affected you.
• Relief sought, such as interest on delayed possession, refund of paid amount, or compensation for mental distress. 

File a Complaint with RERA: Complaints can be file online or offline as per the provisions by your state RERA authority. For all those who visit the official state RERA site, here is how you go about it.

• Register on the portal.
• Fill in the form with all necessary details.
• Attach relevant documents.
• Pay the prescribed fee (usually nominal).

Reply and Hearing: Once you lodge a complaint, the RERA authority will issue notice to the builder and schedule a hearing for your complaint. The both parties will now have opportunities to present their case to authority. RERA authorities also generally aim for a time-bound resolution.

Follow-Up and Enforce Orders:  If the RERA authority passes an order in favour of you, continuous follow up with the builder will ensure compliance with such orders. In case of disobedience, the appellant can knock the doors of Appellate Tribunal or go to higher courts.

Remedies Available under RERA

Following are the remedies afford to aggrieved homebuyers facing delays in possession by RERA:

• Refund with Interest: In the event that a buyer wishes to withdraw from the project, RERA has directions for the builder to repay all amount minus interest to the buyer.
• Compensation: It is feasible for buyers to claim compensation for loss incurred by them in terms of delayed possession.
• Penalty on Builder: RERA has the power to impose penalties or fines on builders found to have not complied with the rules.
• Possession along with interest: The person who has opted to continue with the project must pay interest for every month of delay.

Key Points to Remember

A complaint must be file within the time frames as provide under RERA. Usually, this is for a few years after the possession date as per the agreement.

• Filling a complaint: RERA has timelines within which the complaint should be fill. These timelines usually range from a few years to the possession date referenced in the agreement.
• Representation: In this regard, one can either file the complaint through argumentation or via legal professional assistance.
• Alternate Dispute Resolution: Some states promote mediation or conciliation before doing an official complaint filing. 

It is possible to file a suit against builders for delayed possession of a residential unit under RERA for remedying the position of the homebuyers. This is because the law empowers the individual to demand accountability and justice in a transparent and structured way. Though the procedure seems cumbersome, RERA has simplified its processes to meet deadlines.

If you find yourself in an identical situation, act fast, and file a complaint. With the right paperwork and the effort, you will make the delinquent builder stand up to your demands and receive the benefit you deserve.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.