The builder has obtained OC in May 2019 but is not yet registered with RERA, is it required to be registered? He has formed an association but does not handover title deeds, what do I do?

Based on the situation you've described, it's crucial to take action to protect your rights as a homeowner. Here's what you need to know and do:

1. RERA Registration Requirement:

Yes, the builder is required to register with RERA (Real Estate Regulatory Authority), even if they've obtained the Occupancy Certificate (OC). The Real Estate (Regulation and Development) Act, 2016 mandates that all ongoing projects without a completion certificate must be registered with RERA.

2. Builder's Responsibility:

Even if the builder hasn't registered the project, they are still bound by RERA provisions. This means you have legal recourse against any violations or unfair practices.

3. Title Deed Handover:

The builder's failure to hand over title deeds is a serious issue. Title deeds are crucial documents that prove your ownership of the property.

4. Course of Action:

As suggested in the personal experience shared, approaching your state's RERA is a strong and advisable step. Here's what you should do:

a) File a complaint with RERA: Prepare a detailed complaint outlining the builder's failure to register with RERA and their refusal to hand over title deeds.

b) Gather evidence: Collect all relevant documents, including purchase agreements, payment receipts, and any communication with the builder regarding title deeds.

c) Seek legal counsel: Consider consulting a real estate lawyer who can guide you through the RERA complaint process and advise on additional steps.

d) Consumer court option: If RERA doesn't provide satisfactory results, you can approach the consumer court as an alternative.

5. Association's Role:

While the builder has formed an association, without proper title deeds, the association's legal standing might be compromised. Use this as another point in your complaint.

Remember, RERA was established to protect homebuyers' interests. By approaching them, you're not only fighting for your rights but also potentially helping other homeowners in similar situations. Don't hesitate to take this step – the law is on your side, and RERA has the authority to penalize non-compliant builders and ensure that your rights are upheld.

Act promptly and assertively. Your proactive approach can lead to a resolution, ensuring you receive your rightful title deeds and holding the builder accountable for their obligations under the law.

Best Wishes,

Rajeev K. Jha, Advocate

*****+++*****

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