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RERA Complaint

How To Deal With Property Complaints Under RERA Vs. Not Under RERA

In this article, we shall take a look at the Real Estate Regulatory (and Development) Act and its grievance redressal mechanism.

Introduction:

Real estate is no doubt the largest sector in terms of volume and investment in this country. It is secure, it is always in demand and it is one of those few assets that always appreciates in value with time.

This is not true of India alone but of any country in the world. It is common economic phenomena for the real estate sector to see a spiking boom in times of economic prosperity. It is the area where most of the middle class aspires to invest its savings and disposable income. So safeguarding their interests and ensuring the mitigation of fraud is a priority for any economy, given that the crash of this sector can wipe out the actual purchasing power of the middle class which can crash the economy.

The greatest example of this was the crash of the American real estate market which led to the global economic crisis of 2008. The legislation that protects the investments in the real estate sector in India is known as The Real Estate Regulatory (and Development) Act or RERA for short. In this article we will get a better understanding of what RERA is and how RERA addresses grievances and what happens to a similar grievance when RERA is not applicable and also property complaints under RERA Vs. Not Under RERA.

Filing a complaint against developers who violate RERA regulations has become easier and more convenient. The Real Estate (Regulation and Development) Act (RERA), 2016, is aimed at ensuring that property buyers receive their money or possession of the property in a timely manner. However, complainants are required to pay a service fee to the appropriate State Authority. Here is a guide on how to file a complaint under RERA.

What Is RERA?

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.

Make informed choices in real estate. File a Consumer Protection in Real Estate to empower your decisions and demand transparency from developers.

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 provide 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 a grievance against a 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.

Conclusion

So when you are creating a checklist of things to verify before you buy a property, you need to ensure that you check if the builder has been registered under RERA so that you do not have to be worried of what course of action to take in the event of delays or misrepresentations.

Make sure you consult with a property law expert to ensure that your interests are being taken care of from all perspectives. If you have any other queries with regard to property law or are seeking guidance with regard to property matters, get in touch with us and our team of property law experts will assist you with your requirements.

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