The Real Estate (Regulation and Development) Act, 2016, or RERA, was introduced to regulate the real estate sector, ensure transparency, and protect the rights of homebuyers. However, not all projects are covered under RERA. For instance, projects that received completion certificates before the Act came into effect, projects below the specified size limits, or those that fall outside the regulatory ambit may not come under RERA’s jurisdiction. This often raises an important question for homebuyers—what remedies are available if the builder indulges in unfair practices or fails to deliver the project on time when the project is not covered under RERA?
In such cases, homebuyers are not left without options. Even if a project is outside the scope of RERA, legal recourse is still available through other forums. One of the most common remedies is approaching the Consumer Protection Forum, where buyers can file a complaint for deficiency in service, delay in possession, or misrepresentation by the builder. The Consumer Protection Act empowers buyers to seek compensation, refunds, or possession, depending on the nature of the grievance. Courts and tribunals have consistently recognized that delayed possession and misleading promises by builders constitute unfair trade practices, making them liable to protect the interests of consumers.
Another possible remedy is to approach the civil courts for breach of contract. The sale agreement between the buyer and the builder is legally binding, and if the builder fails to deliver as promised, buyers can initiate legal proceedings for damages or specific performance of the contract. In cases of fraud or cheating, buyers may also approach the criminal courts by filing a police complaint against the builder for misrepresentation or dishonest practices. Additionally, if multiple buyers are affected by the same builder, they can collectively file a complaint, which often strengthens the case.
It is also important to note that many state governments have housing boards or regulatory authorities apart from RERA, and buyers can approach them for redressal in certain cases. Moreover, professional legal guidance can make a significant difference in determining the right forum and preparing a strong case against the builder. While the absence of RERA coverage may appear to limit the remedies available, Indian law provides multiple avenues to ensure that homebuyers are not left powerless against errant developers.
In conclusion, the lack of RERA coverage for a project does not mean that a homebuyer cannot seek justice. Whether through consumer courts, civil suits, criminal complaints, or other legal remedies, buyers have the right to hold builders accountable for delays, fraud, or deficiency in service. Taking timely action and seeking the advice of a legal expert ensures that buyers can effectively protect their investment and obtain fair redressal, even in situations where RERA does not apply.
