RERA Notices

RERA - Overview

Purchasing a new house can be a big step in your life. However, this has to go according to the plan. There are multiple phases and aspects involved in a property purchase. To avoid difficulties, the Indian administration has established the Real Estate Regulatory and Development Act, 2016. It was introduced to control the real estate market of India. It regularised the sector and provided support to builders and customers.

Features of RERA

RERA's key characteristics include several provisions that makes it consumer-friendly, these include the following:

• Improved assurance of prompt possession
• More security for first-time buyer's financial commitment
• An easy solution in the event of a conflict
• In case of any fraud or false promises, strong penalties are collected
• Digitisation of all papers to deter data penalty

Real Estate Regulatory Authority Act, 2016 (RERA)

Every state has to be registered under the RERA. It is a unique body for handling real estate issues. The fundamental guidelines outlined below under RERA will help to ensure fair practices.

Any builder or developer must file a registration with the regulatory body for their projects. This will be beneficial on many levels and promote customer trust.

The builder or developer must publish project information on the RERA website after the regulatory authority issues registration. The registration is only apt for the time frame (described in the project application) it is required to finish the project. The registration will be revoked if the time surpasses.

The buyer shall have the right to entirely withdraw from the project if the developer/builder has not transferred possession of the unit/property during the period specified in the agreement or if project registration has recently been suspended.

A purchaser is entitled to complete payment. Once the date has passed, the buyer has access to this right. However, there is no requirement to file a lawsuit or initiate other legal action against the contractor if they would give you money based on your request, and nothing more.

You have the right to file a complaint with the builder/developer if they fail to pay you. The regulatory authority must receive the petition. Each regulatory authority is required to choose an officer.

Although you are permitted to appear without legal representation, you are advised to do so. The regulatory authority is required to decide the case within 60 days, but if more time is needed, the authority must justify its delay. If you differ with the judgement, you have 60 days to document an interest before the tribunal.

Click here to know more about the rera complaint status.

What are RERA Notices?

In case of any situation where the contractor breaches the document or makes any delay in providing the property, the consumer can file a legal complaint against the contractor requesting reimbursement. You can apply a notice to the RERA. Based on the notice as per the law the defaulter should provide complete reimbursement to the buyer. In any type of circumstance, the first step is to send a legal notice to the builder. This may result in indicating to the builder that you are taking the matter to the court. The RERA provides a clear-cut procedure and penalties involved for builders in case of such circumstances.

Circumstances Where You Can File a RERA Notice

Situations in which you may serve the builders with a legal notice include:

• Failure to deliver possession even after the delivery deadline
• Contractor is incapable of delivering the required services
• Failed to complete the construction by the predetermined deadline
• The use of subpar building materials
• Not registering the apartment or unit in the buyer's name
• Refusing to provide amenities and facilities for which the builder had agreed by the terms of the sale agreement.

How to File a Lawsuit Against the Builders?

Lawyers at Vakilsearch can help you in resolving all your queries regarding legal notice and RERA requirements. Our team can draft a legal notice and send it to the builder on your behalf. Make sure to provide all the required details to back up the document. The notice can be prepared either in the vernacular language or in English.

While you discuss with our lawyers make sure to clarify the whole scenario, provide all the required information and submit relevant proof including the contractor's name, address, and the date of the agreement.

After providing all the required information our team of expert lawyers will verify the document and the proof provided by you. Subsequently, they will provide appropriate information and initiate the documentation of the legal notice. The legal notice encompasses the purpose of sending the note's previous correspondence and a period to address this issue through negotiation. In most cases, a time period is provided for up to a month. The recipient of the legal notice should provide an answer or face legal action. Our team of experts will provide the initial draft for your reference. You can go through the draft and get back in case of any changes.

Our legal experts will sign the document and send it through a registered post directly to the contractor. A paper of formal attention will be communicated to you for your source.

This is the time given for the builder to respond to the legal notice. It may be a meeting or an appropriate action under an expert lawyer. If within the speculated period the response is not provided you can take this matter to the court.

General Format of RERA Legal Notice to the Builder

To,

Administrator address

Contacts Information

Sub: Delayed Possession of Unit no. ______

Greetings, Mr. (Authorised personnel of the builder company),

I am the purchaser of Unit No. ____ of your ____ (Project name), and I am writing to draw your attention to the fact that I am the purchaser. It is incredibly interesting to me that I have not earned any official transmission from ________(Builder company) heeding the actual date of handing over the custody of the said Unit. I'm sorry to say that the company has broken its promise and lost the customer's trust because it repeatedly postponed giving the customer possession of the aforementioned unit and there doesn't appear to be a deadline for this project. Please let me know when my unit will be delivered in full; otherwise, I will have to resort to legal action against the company for the delays you have caused.

I'm hoping for a positive response.

FAQs on RERA Notices

Why Vakilsearch

At Vakilsearch we manage legal tasks for more than 1000 firms and LLPs through our specialised capacities and the proficiency of our formal specialists. Additionally, you can talk to our experts to resolve your doubts without any delay. We ensure a steady interaction with the administration by taking care of all the paperwork. Our in house attorneys can help in filing your legal notice and provide full support for the whole process.