This blog post explores the pros and cons of filing a Real Estate (Regulation and Development) Act, 2016 (RERA) complaint online or offline, helping readers decide which method is right for them.
Real Estate (Regulation and Development) Act, 2016 (RERA) is a landmark legislation that was introduced to protect the interests of homebuyers and regulate the real estate sector in India. It has brought about transparency and accountability in the sector and has given homebuyers a platform to seek redressal for their grievances.
One of the key features of RERA is the provision for filing complaints against builders and developers. However, with the increasing use of technology in our daily lives, the question arises: should you file a RERA complaint online or offline? In this blog post, we will explore the pros and cons of both methods and help you decide which one is right for you.
Filing a RERA Complaint Offline
Filing a RERA complaint offline involves visiting the RERA office in your state and submitting a physical complaint. Here are some of the advantages and disadvantages of filing a RERA complaint offline:
Advantages:
- Personal Interaction: One of the biggest advantages of filing a RERA complaint offline is the personal interaction you have with the RERA officials. You can discuss your complaint in detail and get a better understanding of the process.
- Documentation: When you file a complaint offline, you can submit physical copies of all the relevant documents, which can make your case stronger.
- Clarity: You can ask questions and get clarity on any doubts you may have about the complaint process.
Disadvantages:
- Time-consuming: Filing a RERA complaint offline can be time-consuming as it involves visiting the RERA office and waiting in long queues.
- Inconvenient: If you live far away from the RERA office, filing a complaint offline can be inconvenient.
- Limited Accessibility: RERA offices are not available in every city, which can make it difficult for people living in smaller towns and cities to file a complaint offline.
Filing a RERA Complaint Online
Filing a RERA complaint online involves visiting the official website of your state’s RERA authority and submitting an online complaint. Here are some of the advantages and disadvantages of filing a RERA complaint online:
Advantages:
- Convenience: Filing a RERA complaint online is very convenient as you can do it from the comfort of your home or office.
- Time-saving: Filing a complaint online can save you a lot of time as you don’t have to physically visit the RERA office.
- Accessible: Filing a complaint online is accessible to everyone with an internet connection, regardless of their location.
Disadvantages:
- Technical Issues: Online complaints can face technical issues, such as website crashes or slow internet speeds.
- Lack of Personal Interaction: Filing a complaint online means you don’t get the opportunity to interact with RERA officials in person.
- Documentation: Online complaints require you to upload digital copies of your documents, which can be time-consuming and may not be as strong as physical copies.
Filing a complaint under RERA
Homebuyers now have the ability to hold builders accountable for project delivery delays, unexpected changes in construction plans, unanticipated additional charges, and not fulfilling promised facilities. The Real Estate (Development and Regulation) Act (RERA) empowers aggrieved homebuyers to take legal action against errant builders.
Each State’s Real Estate Regulatory Authority (RERA) offers a complaint redressal platform on its official website, allowing homebuyers to file complaints against builders, developers, promoters, agents, or allottees.
When can you file a complaint?
A complaint can be filed when the builder violates any provisions, rules, or regulations under RERA (Real Estate Regulation and Development Act). In such cases, the homebuyer has the right to approach the RERA authority. The complaint should be submitted using the specified format prescribed by the State’s RERA.
The process for addressing complaints has been streamlined by the official RERA websites of different State governments. By completing a simple form and paying the registration fees, individuals can easily file a complaint under RERA.
Steps to file RERA complaints
Steps to file a RERA complaint are as follows:
Step 1: Visit the official website of your respective State’s RERA. Look for the ‘Online Complaints’ or ‘Complaint Registration’ link. For instance, on the Haryana RERA website, you can click on ‘Complaint Registration’ in the menu bar, and then choose between ‘Registration of Complaint with Authority’ or ‘Registration of Complaint with Adjudicating Officer’.
Step 2: Clicking on the relevant complaint registration link will lead you to a complaint form, where you need to provide the necessary details of your complaint.
Step 3: Additionally, you will have to furnish your personal information such as phone number, address, and project details. Some websites, like the Delhi RERA website, may require you to create a buyer account before submitting a complaint. Others may ask you to attach relevant documents.
Step 4: Once all the details are filled in, you will be directed to the payment gateway to pay the complaint registration fees, which is Rs 1,000 for a regular complaint and Rs 5,000 for filing a complaint with an adjudicating officer. Alternatively, you may also pay the fees at the sub-registrar’s office.
RERA complaint registration for different states:-
| State | Approximate Complaint Fees |
| Karnataka |
Rs 1,000 with RERA Rs 5,000 with Appellate Tribunal |
| Maharashtra | Rs 5,000 with RERA |
| Uttar Pradesh | Rs 1,000 with RERA |
| Haryana | Rs 1,000 with RERA and Rs 10 extra for every extra annexure |
| Punjab |
Rs 1,000 with RERA Rs 5,000 with Adjudicating Officer |
| Andhra Pradesh | Rs 1,000 with RERA |
| Madhya Pradesh | Rs 1,000 with RERA |
| Gujarat | Rs 1,000 with RERA |
| Tamil Nadu |
Rs 1,000 with RERA Rs 5,000 with Adjudicating Officer |
| Delhi | Rs 1,000 with RERA |
Tips for Filing a RERA Complaint
Regardless of whether you choose to file a RERA complaint online or offline, here are some tips that can help you:
- Gather All Relevant Documents: Before filing a complaint, make sure you have all the relevant documents, such as the sale agreement, payment receipts, and correspondence with the builder.
- Be Specific: Your complaint should be specific and clearly state the issues you are facing with the builder. Avoid making vague or general allegations.
- Provide Evidence: Provide any evidence you have to support your complaint, such as photographs, videos, or email exchanges.
- Follow Up: After filing a complaint, follow up regularly with the RERA authorities to ensure that your case is being heard and resolved.
- Seek Legal Advice: If you are unsure about the legal aspects of filing a complaint, it may be a good idea to seek legal advice from a qualified lawyer.
Challenges in Filing a RERA Complaint
While RERA provides a platform for homebuyers to seek redressal for their grievances, there are also some challenges in filing a complaint. Here are some of the challenges:
- Lack of Awareness: Many homebuyers may not be aware of their rights and the process of filing a RERA complaint.
- Legal Complexities: Filing a complaint can be legally complex, and homebuyers may require the assistance of a lawyer to navigate the process.
- Time-consuming: Filing a complaint can be time-consuming, especially if it involves visiting the RERA office and waiting in long queues.
- Technical Issues: Filing a complaint online can face technical issues, such as website crashes or slow internet speeds.
- Limited Accessibility: RERA offices are not available in every city, which can make it difficult for people living in smaller towns and cities to file a complaint.
RERA Adjudicating Officer
The RERA Adjudicating Officer, appointed by the Central Government, holds the authority and powers granted under the Act. Their role involves addressing various matters, such as:
- Ensuring that builders refund the buyers along with interest in cases of false representations or misleading advertisements regarding the project.
- Imposing compensation on builders who make changes to the original building plan without obtaining prior permission from the buyer.
- Holding builders accountable for compensation in instances of structural defects, poor workmanship, and low-quality construction.
- Addressing issues related to the provision of services by the builder.
- Requiring builders to refund buyers along with interest or monthly interest for delays in handing over possession of the property.
- Addressing claims for interest on delayed payments made by the buyer to the builder.
RERA Appellate Tribunal
The Appellate Tribunal possesses the jurisdiction to examine and reassess any rulings or determinations made by the RERA Authority or the Adjudicating officer. It is also empowered to request relevant records necessary for the resolution of such appeals.
If the RERA issues a ruling favouring the builder, the buyer has the option to submit an appeal to the RERA Appellate Tribunal within 60 days from the date of receiving the RERA’s order.
The Real Estate (Regulation and Development) Act, 2016 (RERA)
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted with the primary aim of safeguarding the interests of homebuyers and restoring confidence in the real estate sector in India. Its purpose is to regulate and promote transparency in the real estate industry, ensuring the efficient sale of apartments, plots, and buildings. Each state has its own real estate court established under this act to expedite the resolution of disputes and provide homebuyers with speedy justice, including the recovery of funds and possession of properties.
For buyers facing issues with their builders, such as possession delays, lack of refund for project postponement, unauthorized demand for additional funds, layout changes, non-provision of maintenance expense accounts, and inadequate facilities like parking space, storage, or elevators, this guide offers comprehensive information and solutions.
Filing a complaint under RERA is a straightforward process. Keeping relevant documents ready, buyers can submit their complaints online or offline, depending on the specifics of their cases. RERA is consumer-centric, and the authority devotes utmost attention to legitimate cases in accordance with the Act’s provisions. Homebuyers can rest assured that RERA will not mislead them and will work in their best interest.
RERA Implementation Status Across Nation
As of March 2020, RERA (Real Estate Regulatory Authority) has been implemented in 30 States/Union Territories in India. However, the 4 North Eastern States, namely Arunachal Pradesh, Meghalaya, Nagaland, and Sikkim, are still in the process of notifying the RERA rules in their respective states.
Out of the total States/UTs, 29 have established the Real Estate Regulatory Authority, with 20 being regular authorities and 9 functioning as interim authorities. Additionally, 22 States/UTs have established the Real Estate Appellate Tribunal, with 13 being regular tribunals and 9 being interim tribunals.
Regarding the operationalization of websites under the provisions of RERA, 24 States/UTs have successfully implemented them.
Up until October 2019, the data showed that a total of 42,488 real estate projects and 33,702 real estate agents have registered under RERA across the country.
Buyers’ Right Under the RERA Act
Transparency:
Transparency is a key aspect covered by the Act, requiring builders to provide accurate information about project completion timelines, area measurements, payment terms, penalties for delays, and any legal issues related to the property.
The accuracy in Area Measurements:
In terms of area measurements, the Act mandates that the price should be based on the carpet area, eliminating confusion caused by other units like built-up area or super built-up area.
Financial Discipline:
Financial discipline is also emphasized, with builders required to maintain 70% of the funds in a dedicated escrow account for each project. If a builder misuses funds allocated for one project in another, they can face penalties and up to three years of imprisonment.
Claim Refund:
Buyers have the right to claim a full refund along with interest after the due date if the possession is delayed. Alternatively, if the buyer chooses to wait for the possession, the builder is obligated to pay 10% interest per month until the property is handed over.
Fast Trial:
To ensure speedy resolution of complaints, the Act establishes an adjudicating mechanism for fast hearings and disposal of disputes.
When to file a RERA complaint?
You can file a complaint under the RERA Act if the builder has provided inadequate services in the following areas:
- Charging more than the agreed amount.
- Failing to provide a receipt for the amount paid.
- Poor construction quality.
- Not delivering the house as per the agreed terms.
- Failing to provide free parking space within the society.
- Not forming a Co-operative Housing Society and transferring ownership to its members.
- Failing to provide a water storage tank.
- Inadequate ventilation and light in the property.
- Delay in delivering the house as per the agreed timeline.
- Not providing proper accounts for the expenses for which money has been collected by the builder.
- False advertisement.
- Structural defects in the property.
- Issues related to ownership transfer.
In any of these situations, you have the right to file a complaint with the relevant authorities under the RERA Act to seek redressal for the deficiencies in the services provided by the builder.
Conclusion
Both online and offline methods of filing a RERA complaint have their advantages and disadvantages. It ultimately depends on your personal preferences and circumstances. If you prefer personal interaction and want to submit physical copies of your documents, then filing a complaint offline may be the right option for you. On the other hand, if you want a convenient and time-saving option, then filing a complaint online may be the way to go. Ultimately, the most important thing is to file a complaint and seek redressal for your grievances.
Vakilsearch, a legal-tech company in India, can assist you with filing a RERA complaint both online and offline. With our experienced team of lawyers, we guide you through the process and ensure that your complaint is filed correctly. Regardless of which option you choose, the most important thing is to seek redressal for your grievances, and Vakilsearch can help you achieve that.
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