How to Deal with Property Complaints on Projects Under RERA vs. Not Under RERA

Last Updated at: Nov 10, 2020
How To Deal With Property Complaints



After the implementation of The Real Estate Regulatory (and Development) Act i.e. RERA, real estate buyers are feeling secure and confident. RERA is one of the most innovative reforms taken by the government of India to transform the way transactions are being done in the real estate market. This regulation protects the homebuyers from all kinds of fraudulent activities of the developers and builders. Transparency has come into the Indian real estate transactions and RERA is acting as a shield to protect the buyers from the corrupt builders of commercial projects and residential in India.

RERA has empowered the people to file complaints against the developers and builders for fraudulent business practices. Now property buyers have a proper channel to file their grievances and complaints to get the proper status and solution for the complaint filed. However, the buyers who have bought a property before the implementation of this regulation cannot complain against the project builders.

Such buyers should seek help from legal authorities. Many developers and builders still did not register their projects under RERA. The buyers of such projects are in confusion as they find it difficult to file a complaint against them. So, in this article, we will be discussing how to file a complaint on the projects which are registered under RERA and projects which are not registered under RERA.

Register Your Property

Complaints on projects which are registered under RERA

According to RERA, the developers and builders of a property in India should get their projects registered under the state regulatory authority. It will be providing the buyers with an ideal platform to keep a check on the development of the under-construction projects and file any complaint if they have any grievances against the developer and builder.

Any buyer who has been cheated by the developer or builder can file a complaint against them under Form ‘A’ of Section 31 of the regulation. The complainant should enter their details along with the registration number of the builder or developer projects and the details against whom the complaint is being made.

If the buyer is not finding any suitable solution from RERA, he/she can take these matters and appeal before the Appellate Tribunal within 60 days of filing a complaint with RERA. If the buyer is not getting a solution from the Appellate Tribunal then he/she can appeal before the High Court within a period of 60 days of appealing with the Appellate Tribunal.

Complaints on projects which are not registered under RERA

There are many developers and builders who have not registered their projects under RERA till now. The buyers of commercial or residential units in such projects are suffering from numerous troubles as they are not understanding where to take their complaints. The buyers, who are trapped with the unregistered projects, have no other way except to seek other legal remedies. They can either seek action by filing a criminal case or from the consumer courts against the builder or developers for the unregistered project. They can also appeal in the high court and seek the refund from the builders or developers for the unregistered projects.

With the number of cases increasing against the builders and developers for the unregistered projects in India, many state governments are asking for a fool-proof plan to register, address and pay attention to the complaints of the buyers who are stuck with developers and builders who have not registered their projects.

The buyers who are trapped with an unregistered property can take a sigh of relief now. The government and the real estate regulatory authority are putting efforts to address the complaints filed by the buyers. There is a ray of hope for all the property buyers that there would be an appropriate regulatory mechanism to deal with their complaints against the unregistered builders and developers in India.