Builder Delay Complaint (RERA)

BEFORE THE [authority_name] COMPLAINT UNDER SECTION 31 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 COMPLAINT NO. ________ OF 20____ IN THE MATTER OF: [complainant_name] [complainant_address] ... COMPLAINANT / ALLOTTEE VERSUS [promoter_name] [promoter_address] ... RESPONDENT / PROMOTER MOST RESPECTFULLY SHOWETH: 1. PARTICULARS OF THE PROJECT AND THE UNIT Project : [project_name] RERA registration : [rera_registration] Unit : [unit_details] Agreement dated : [agreement_date] Promised possession : [promised_possession_date] Amount paid : Rs. [amount_paid] 2. That the Complainant is an allottee within the meaning of Section 2(d) of the Real Estate (Regulation and Development) Act, 2016, having booked the above unit in the Respondent's project. 3. That the Complainant has paid a sum of Rs. [amount_paid] to the Respondent in accordance with the agreed payment schedule, and has committed no default in payment. 4. THE DEFAULT 4.1 That in terms of the agreement for sale, the Respondent was obliged to hand over possession of the unit on or before [promised_possession_date]. 4.2 That the said date has long expired, and the Respondent has failed to complete the project and to offer possession of the unit to the Complainant. 4.3 That the Respondent has offered no credible explanation for the delay, and no event has occurred that would excuse it. 5. That the Complainant has been constrained to continue paying rent and/or servicing a home loan in respect of a unit that remains undelivered, and has suffered substantial financial loss and mental agony as a result. 6. THE COMPLAINANT'S STATUTORY RIGHTS 6.1 Section 18 of the Real Estate (Regulation and Development) Act, 2016 provides that where a promoter fails to complete or is unable to give possession of an apartment in accordance with the terms of the agreement for sale, the promoter shall be liable, ON DEMAND BY THE ALLOTTEE, to return the amount received with interest and compensation. 6.2 Where the allottee does not intend to withdraw from the project, the promoter shall pay interest for every month of delay until the handing over of possession, at the rate prescribed. 6.3 The choice between withdrawal with refund, and continuation with interest for delay, belongs to the ALLOTTEE and not to the promoter. 7. RELIEF SOUGHT [relief_sought] The Complainant further prays that this Hon'ble Authority may be pleased to: (a) Direct the Respondent to pay interest at the prescribed rate for every month of delay; (b) Direct the Respondent to pay compensation for the loss and mental agony caused; (c) Award the costs of this complaint; and (d) Pass such other orders as this Hon'ble Authority may deem fit. AND FOR THIS ACT OF KINDNESS, THE COMPLAINANT SHALL EVER PRAY. Place: ______________ Date: [complaint_date] [complainant_name] COMPLAINANT VERIFICATION I verify that the contents of this complaint are true and correct to the best of my knowledge and belief, and that nothing material has been concealed. [complainant_name] DOCUMENTS TO ENCLOSE: allotment letter, agreement for sale, all payment receipts and bank statements, the project's RERA registration particulars, and all correspondence with the promoter.