Real Estate 7 min read

RERA and Homebuyers: Enforcing Your Rights Against Delayed Delivery

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect homebuyers from developer malpractices. This article explains how homebuyers can effectively enforce their rights when developers fail to deliver on time.

GK

Gaurav Kiran Soni

22 September 2024

RERAReal EstateHomebuyersConsumer Rights

The Real Estate (Regulation and Development) Act, 2016 (RERA) has fundamentally changed the relationship between homebuyers and developers. With mandatory registration of projects and a dedicated adjudicatory mechanism, homebuyers now have stronger tools to enforce their rights.

Key Rights Under RERA

Under RERA, a homebuyer is entitled to:

  • Possession of the property on the agreed date, failing which interest at the prescribed rate.
  • Refund of the entire amount paid along with interest if the project is significantly delayed and the buyer opts out.
  • Compensation for structural defects discovered within five years of possession.
  • Access to all project-related information on the RERA website.

Filing a Complaint Before RERA

A homebuyer can file a complaint before the Real Estate Regulatory Authority of the state where the project is registered. The complaint must be accompanied by the allotment letter, agreement for sale, and evidence of payments made. RERA authorities are required to decide complaints within 60 days.

Delhi RERA

In Delhi, RERA complaints are filed before the Delhi Real Estate Regulatory Authority. The authority has issued several significant orders directing developers to pay interest and compensation to homebuyers for delays, making it an effective forum for aggrieved buyers.

If you are facing issues with a delayed real estate project, consulting a lawyer experienced in RERA matters can help you assess your options and pursue your remedies effectively.

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About the Author

GK

Gaurav Kiran Soni

Advocate, Tathagat Law Chambers

An advocate at Tathagat Law Chambers with experience across multiple practice areas. Views expressed in this article are personal and do not constitute legal advice.