This article highlights the top 5 mistakes to avoid when filing a complaint in RERA. Tips include gathering all necessary documents, being clear and concise in the complaint, and following proper procedures.
The Real Estate (Regulation and Development) Act, or RERA, was enacted to protect the interests of homebuyers and ensure transparency in the real estate sector. Under RERA, homebuyers can file complaints against developers for any violations or grievances.
However, filing a complaint in RERA can be a complex process, and there are several mistakes that homebuyers should avoid. In this blog, we will discuss the top 5 mistakes to avoid when filing a complaint in RERA.
Filing a Frivolous Complaint
One of the biggest mistakes that homebuyers make when filing a complaint in RERA is filing a frivolous complaint. A frivolous complaint is one that is filed without any basis or evidence. This can not only waste your time and money but also result in penalties or legal action against you. To avoid this mistake, make sure that your complaint is based on valid grounds and backed by sufficient evidence.
Delaying the Filing
Another common mistake that homebuyers make is delaying the filing of the complaint. Delaying the filing can weaken your case and give the developer more time to rectify the issue or cover up any violations. To avoid this mistake, file your complaint as soon as possible after you become aware of the violation or grievance. The RERA Act has a limitation period of one year from the date of possession, so it is important to act promptly.
Engaging in Illegal Activities
Some homebuyers may engage in illegal activities, such as blackmail or coercion, to get their complaints resolved. This is not only unethical but also illegal and can result in serious consequences. To avoid this mistake, always follow the legal process and use legitimate means to resolve your complaint. If you feel that your complaint is not being resolved in a timely manner, you can seek legal advice.
Not Understanding the RERA Act and Rules
The first and most common mistake that homebuyers make is not understanding the RERA Act and Rules. It is important to read and understand the provisions of the act and the rules before filing a complaint. This will help you identify the specific violation or grievance and ensure that your complaint is in compliance with the legal requirements.
Ignoring the Hearing Dates
Once a complaint is filed, RERA sets a hearing date for both parties to present their case. Ignoring the hearing dates or failing to attend the hearings is another mistake that can lead to the rejection of your complaint. It is important to attend all hearings and present your case in a clear and concise manner. You should also ensure that you have all the necessary documents and evidence to support your case.
Losing Your Cool
Lastly, losing your cool during the complaint resolution process can also harm your case. The complaint resolution process can be frustrating and time-consuming, and it is important to remain calm and composed throughout the process. Losing your cool or using aggressive language can undermine your credibility and harm your case. It is important to maintain a professional demeanour and present your case in a calm and rational manner.
Engaging in Illegal Activities
Engaging in illegal activities during the complaint resolution process is another mistake that homebuyers should avoid. This includes offering bribes, threatening the developer, or indulging in any other illegal activity to influence the outcome of the complaint. Such activities not only harm your case but also undermine the credibility of the RERA system. Therefore, it is important to follow the legal process and present your case based on facts and evidence.
Failing to Gather Necessary Documents
Failing to gather all necessary documents and evidence to support your case is another common mistake that homebuyers make. It is important to gather all relevant documents such as the sale agreement, payment receipts, construction plans, and any other documents that can support your case. Having a strong case with supporting evidence can increase the chances of a successful resolution.
Using Incorrect or Incomplete Information
Using incorrect or incomplete information in your complaint can also lead to the rejection of your complaint. It is important to provide accurate and complete information in your complaint form, including the name and address of the developer, the details of the property, and the specific violation or grievance. Any incorrect or incomplete information can delay the resolution of your case or lead to its rejection.
Failing to Seek Legal Advice
Failing to seek legal advice before filing a complaint is another mistake that homebuyers make. Legal advice can help you understand the legal provisions and requirements of the RERA Act and Rules, assess the strength of your case, and identify any potential issues or pitfalls. It is advisable to consult with a qualified lawyer who specialises in RERA cases before filing a complaint.
Conclusion
Filing a complaint in RERA can be a daunting task, but avoiding these common mistakes can make the process smoother and increase the chances of a successful resolution. Make sure to understand the RERA Act and Rules, file a complaint only if you have legitimate grievances and supporting evidence, file within the stipulated time frame, attend all hearings, and maintain a professional demeanor throughout the process. By avoiding these common mistakes, you can protect your rights as a homebuyer and hold developers accountable for any violations or grievances.
Vakilsearch assists in filing complaints in RERA by helping clients understand the Act and Rules, gathering evidence, and ensuring compliance with the time frame and hearing attendance requirements. By availing Vakilsearch’s services, individuals can have a smoother and more successful resolution to their grievances and hold developers accountable for any violations.
Read more,
