RERA: Functioning of RERA on grievance redressal By Monalisa - November 22, 2019 Last Updated at: Sep 07, 2020 0 2545 RERA: Functioning of RERA on grievance redressal After three years since its implementation, RERA is becoming the force it was envisioned to be especially in disposing of consumer complaints across different states and UTs. As many as 48,556 cases were disposed of by the respective state authorities as of July 2020, according to data by the Ministry of Housing and Urban Affairs. More than 100 people gathered at a construction site on Sarjapur Road in Banglore to stage a silent protest against a well-known builder for delaying the construction of a residential complex where they had booked flats. The Real Estate Development and Regulatory Act 2016 (RERA) aims to bring in clarity and fair practices in the real estate industry. RERA seeks to protect the interests of buyers and impose a penalty on errant builders. RERA Authorities has developed a separate system – RERA grievance redressal to address the complaints of home buyers. Depending upon the grievance or the issue, a RERA complaint can be filed in every state before three authorities: RERA Authority, RERA Tribunal and RERA Adjudicating Officer. The forum will give an answer within 60 days except if there is a particular purpose behind such a postponement. RERA follows some guidelines for the application process, which a property specialist will guide you in. Now, allow us to give a concise outline regarding the strategy in regards to the speedy functioning of RERA on grievance redressal. RERA Complaint application File the complaints under Section 31 of the Real Estate (Regulation and Development) Act 2016, with the Real Estate Regulatory Authority or the sit-in judgment official. A grievance must be in the form recommended according to the particular State government’s principles. In case a purchaser’s privileges are damaged or any provisions of the Act are violated, then an objection can be filed under RERA in the set up provided by the relevant State government. The grievance can be registered if the (home buyer, agent or the builder) is facing either one of the following issues. appellant is confronting Charged higher than the actual rate of the property Did not provide a receipt in favour of the money paid. Furnished a low-quality construction. Handed over a house that does not consent to the details settled upon. Did not accommodate free parking spot inside the compound. Did not create co-operative housing society and delivered it over to the property owners. And, does not supply water storage tank. Also, did not provide enough ventilation and light. Did not hand over the house within the stipulated time frame. In case the time frame is not cited, it is expected that the development will be done within a limit of two years from the date of the beginning of work. Did not give the balance sheet for the costs against which the manufacturer has collected cash, for example, electrical fittings, maintenance, etc. This list is not comprehensive and there can be a few issues, for which the objection can be filed against the promoters, allottees or potential realtors. The application expenses determining by the State Legislature, and the Centre does not have any say on it. File Your RERA Complaint What needs to be mentioned on the RERA application form? Here are the details which should be on the application: Name of the applicant and his or her details – address, ID proof and occupation. Defendant’s name and details- address, ID proof and PAN number mentioned in the deal deed of the apartment or any receipt of the apartment. If it was enlisting under RERA, the registration number, or in case it was under development, at that point the provisional number House number, address and other significant details The aggregate sum which has been spent on the house. The total amount of the house to be purchased or has been purchased. If the owner takes, in that case, the date of ownership, and if that it involves a delay in possession, at that point the guarantee date of ownership. Any exchange of messages, whenever made to the manufacturer personally or through legitimate notice. The transferring or handing over of any pending case with respect to the project. At any rate, the State Legislature is capable to order the procedure to document a case. Functioning of RERA The best function of the Act is that it is welcoming to consumer grievances and investigates land cases only. Indeed, it is well-equipped to help the buyers and chances are high that the disagreement is settled at the soonest. Advantages of filing a grievance under RERA Chances of quick transfer of grievances. Transparency. The prerequisite of money related to regulation by the promoters. No uncertainty in area dimensions. Promoters are at risk for payment for overdue delivery. Adjudicating method to be set up. It is generally simple to file a grievance in states where there is a working authority with a website. There is no predefined list of reports required for filing, however, the consent to sell, transport deed (assuming any) and application form is necessary. In case you have a grievance against the property builder, send a handwritten notice. Try not to stress if the builder does not acknowledge your notice as just confirmation of sending is necessary. Send the notice by registered post or Under Postal credential. However, hold the evidence of sending. RERA can detain the misbehaving builder as long as three years, or endorse a fine, or both; while consumer forum cannot detain an engineer, and can just grant a fine. The Real Estate Regulatory Tribunal is the appellate body of RERA; but, for consumer forums, the common courts are the appellate body, and moreover, the case can forward to the High Court and the Supreme Court.