A builder has delayed the project by 2 years. Finishing work of the flat is left and he is telling the customer to take possession of the said flat. He is also demanding interest on it.

Response

As per your query, it is mandatory for all builders to be registered under RERA. Real Estate Regulatory Authority Act made it mandatory for all the ongoing and new projects to register with respective RERA Authorities under the ambit of Section – 3 and in case of non-registration they will attract penalties under Section – 59 of the Act.Thus if the builder is not registered with RERA, you can file a complaint before RERA. It is now illegal to buy or sell property that is not registered with RERA, the real estate regulatory authority

Although Possession is the prima facie evidence of the ownership but without valid registration the possession is illegal, without Registration you have no legal right over the property even if you have cleared all your dues with the builder.

With regards to the flat not in condition for possession, you can complaint before Consumer Courts under Consumer Protection Act, 2019 for deficiency of services under Section 2(11) of the said Act. Housing construction is included within the purview of ÒserviceÓ under Section 2(42) of the Consumer Protection Act 2019. Further, an allottee in an under construction project is a ÒconsumerÓ within its meaning under Section 2(7). Therefore, if an allottee in an under construction project (not being a commercial one) is aggrieved on account of the deficient services provided by the developer, he may file a complaint against the developer before the appropriate consumer forum.

Reference: Real Estate (Regulation and Development) Act, 2016

202100250-20210042-14228

LAWAYZ-2023-697