If a builder delays possession of a flat beyond the promised date, a homebuyer in India may have several legal remedies under RERA, 2016, the Consumer Protection Act, 2019, and the terms of the agreement for sale.
Key points:
- Check the agreement: Review the agreement for sale to identify the promised possession date, grace period, delay clauses, and compensation provisions.
- Check the project's RERA details: If the project is covered by RERA, verify its registration and possession date on the relevant State RERA website.
- Send a written demand: Ask the builder to provide a clear possession timeline and pay any applicable interest or compensation for the delay.
- Approach RERA: A buyer can file a complaint before the appropriate Real Estate Regulatory Authority seeking remedies such as interest for delayed possession, compensation, or other relief available under RERA.
- Seek refund where appropriate: Depending on the circumstances, a buyer may be entitled to withdraw from the project and seek a refund with applicable interest and compensation.
- Consumer Commission: A buyer may also have remedies under consumer protection law for deficiency in service, subject to the applicable legal framework and the facts of the case.
- Keep evidence: Preserve the booking form, agreement for sale, payment receipts, correspondence with the builder, advertisements promising possession, and records of the delay.
- Avoid relying only on verbal promises: Important requests and commitments should be documented in writing.
