Buying a home is a dream come true for many people. However, it can quickly turn into a nightmare if the builder fails to deliver the promised amenities or construction quality. Understand the procedure to file a complaint against the builder under RERA at Vakilsearch.
In order to regulate the real estate industry and safeguard the interests of homebuyers, the Indian Parliament passed the RERA Act in 2016. By establishing a regulating body in each state and union territory, it seeks to encourage transparency, accountability, and efficiency in the real estate industry. According to the RERA Act, all builders are required to register their projects with the regulating body and adhere to specific disclosure and reporting guidelines. This article will discuss about how to file a complaint in RERA against a builder in TN.
How Does the RERA Act Impact Buyers?
The RERA Act has several provisions that protect home buyers’ interests, such as:
- Mandatory registration of projects: All builders must register their projects with the regulatory authority, providing details such as project plans, layout, and approval status
- Escrow account: Builders must deposit 70% of the funds received from buyers in a separate bank account, which can only be used for construction and land costs
- Timely delivery: The RERA Act mandates that builders must complete the project within the agreed-upon timeframe, failing which they must pay compensation to buyers
- Quality standards: Builders must adhere to construction quality standards and provide a one-year warranty for any defects
- Right to information: Buyers have the right to access all project-related information, such as project status, approvals, and completion schedule.
When Can a Home Buyer File a Complaint Against Builder?
A home buyer can file a complaint against the builder under RERA in the following circumstances:
- Delay in possession: If the builder fails to deliver possession of the property within the agreed-upon timeframe, the buyer can file a complaint for compensation.
- Quality issues: If the construction quality is sub-standard or the builder fails to rectify defects during the warranty period, the buyer can file a complaint.
- False promises: If the builder makes false promises about the project’s amenities or features, the buyer can file a complaint for compensation.
- Non-refund of money: If the builder cancels the project or fails to start construction despite receiving the payment, the buyer can file a complaint for a refund.
Procedure to File RERA Complaint Against Builder Under RERA ACT
The following is the procedure to file a complaint against the builder under RERA:
- Visit the RERA website of your state or union territory and download the complaint form
- Fill in the form with the required details, such as your name, address, project details, and the nature of the complaint
- Attach all relevant documents, such as the agreement, payment receipts, and correspondence with the builder
- Pay the requisite fee, which varies from state to state
- Submit the complaint form and documents to the regulatory authority, either in person or by post
- The regulatory authority will issue a notice to the builder, and both parties will have to attend a hearing
- If the complaint is found to be valid, the regulatory authority may direct the builder to rectify the issues or pay compensation to the buyer.
RERA Builder Complaint Form Sample
The RERA complaint form typically includes the following fields:
- The name, address, and contact information of the complainant is provided
- Name of the project, the name of the builder, their address, their registration number, and any other pertinent information
- Details of the complaint, such as possession delays, quality problems, broken promises, etc
- Copies of the contract, receipts for payments, communications with the builder, and any other pertinent records as supporting documents
- Information about the complaint filing charge
- The complainant’s affirmation that all the data they submitted on the complaint form is accurate and true.
Do You know Your RERA Complaint Status?
Every state maintains its designated RERA website, allowing individuals to verify both their RERA approval for projects and the status of RERA cases. Common reasons for filing complaints with the regulatory authority include delayed possession, poor quality construction, misrepresentation of facts about the property, non-registration of the project, non-payment of refunds, and violations of RERA guidelines. Here is an outline you can follow to check the status of your complaint:
- Go to the official website of the RERA regulatory authority in your state
- Look for a specific section, often labeled Complaints or RERA Complaints, that allows you to check the status of complaints
- Provide essential information about your complaint, including the complaint number, your name, and the date of filing
- Submit the required details, and you will be able to view the status of your complaint. This information may encompass the current stage of the complaint, any updates or responses from the developer, and the expected resolution date.
Note: Every state has a designated RERA website where the process might vary. You can get in touch with our experts for more information.
The Time Frame for Dispute Resolution Under RERA
According to the RERA guidelines, a complaint filed with the RERA authority by an aggrieved party must be resolved within 60 days of its submission. The RERA conciliation forum plays a crucial role in swiftly and effectively addressing the grievances of home buyers, thereby saving both time and money typically spent on legal proceedings.
The Benefits of Filing a Case Under the RERA
Filing a case under the Real Estate (Regulation and Development) Act (RERA) provides homebuyers with a transparent and efficient legal recourse mechanism, ensuring timely delivery of projects and protecting their interests in the real estate sector. Here is a complete outline of the benefits
Obligations of Builders and Agents Under RERA
Builders and real estate agents must fulfil all contractual promises, as failure to do so can lead to license revocation or disqualification from property transactions
Efficient Resolution of RERA Complaints
All RERA complaints are addressed diligently, utilising the FastTrack method to resolve grievances promptly
Alerting Buyers to Red Flags
When a buyer receives a grievance resolution against a builder or agent, it alerts other buyers involved in transactions with the same party
RERA: Providing Effective Solutions
RERA, focusing solely on real estate issues and complaints, has been instrumental in providing reliable solutions to property grievances for buyers.
Conclusion
Filing a Real Estate Regulatory Authority (RERA) complaint against a builder is a crucial step towards protecting your rights as a homebuyer and ensuring timely delivery of your property. This comprehensive guide has equipped you with the necessary knowledge and steps to navigate the process effectively. However, it’s essential to recognize that legal procedures can be complex, and having professional assistance can make a significant difference in the outcome of your case.
We understand the intricacies of real estate laws and the challenges faced by homeowners dealing with builder disputes. Our dedicated legal experts are here to provide you with the support and expertise needed to navigate the RERA complaint process seamlessly. Connect with us today for more information
FAQs
How do you fight against a builder?
Fighting against a builder requires documentation of agreements, gathering evidence of violations, and seeking legal advice. Engage with the builder, escalate through relevant authorities, and consider legal action if necessary, emphasising adherence to contract terms and applicable regulations.
How do I write a complaint letter to RERA?
Writing a complaint letter to RERA involves addressing the appropriate regional office, detailing the grievances concisely, providing supporting documents, and clearly stating desired resolutions. Including personal contact information and adherence to formal language, ensuring compliance with RERA's guidelines for effective communication and resolution.
How effective is RERA complaint?
The effectiveness of a RERA complaint depends on various factors, including the validity of the complaint, evidence provided, RERA's jurisdiction, and the responsiveness of the involved parties. Timely submission, thorough documentation, and adherence to RERA's procedures enhance the likelihood of a favourable resolution or action against the offender.
What is the limitation of filing a complaint under RERA?
Limitations of filing a complaint under RERA include jurisdictional constraints, time limitations for filing complaints after the occurrence of grievances, and the complexity of legal procedures. Understanding these limitations helps in strategising the complaint process effectively, considering alternative dispute resolution methods if necessary.
Which is better: RERA or consumer court?
Choosing between RERA and consumer court depends on the nature of the dispute, jurisdictional factors, and desired outcomes. RERA specialises in real estate regulatory matters, ensuring compliance with specific regulations, while consumer courts handle a broader range of consumer grievances. Evaluate the specifics of your case to determine the appropriate forum for redressal.
Is marriage certificate mandatory in India?
Yes, obtaining a marriage certificate is mandatory in India. It is a legal requirement under the Hindu Marriage Act, 1955, and other relevant laws. A marriage certificate provides legal recognition to the marital union and facilitates the enforcement of rights and obligations associated with marriage.
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The registration should be done at the marriage registrar office within the jurisdiction where either spouse resides or where the marriage ceremony occurred, as per the law.
