Real Estate describes the built environment without which the businesses and society cannot function. The residential and commercial sub-divisions of the Real estate sector is covered under the Real Estate (Regulation & Development) Act, 2016. The aim of RERA Act is to protect the rights and interests of the consumers and to promote uniformity and standardization of business practices and transactions in the Real Estate sector. It also attempts to balance the interest of buyers and promoters by imposing certain duties on both of them and seeks to establish symmetry of information between buyer and promoter.
A RERA complaint can be filed by any home buyer against the builder, developer or agent if the buyer’s rights are violated or any provisions of the Act are contravened.
The Real Estate Act provides for establishment of a specialized body in each State for resolution of disputes related to Real Estate. The aggrieved party, either the promoter or the real estate agent or the Allottees (Buyers) can file a RERA complaint online for contravention of the provisions of the Act or for the non-performance of obligations mentioned under the Act before the Authority. Once the contravention is proved, the Authority has the power to impose penalty upon the defaulter.
The Real Estate Act imposes many obligations both on the promoter as well as the buyer. On breach of such obligation, the Authority can, either suo moto (on his own) or on a complaint made in this behalf initiate proceedings against the defaulter.
The Promoter shall:
The Promoter shall:
Generally, two kinds of relief are granted to the Home Buyers when a RERA complaint is filed, viz.
Apart from this, the promoter is also punished with financial penalties and even imprisonment in certain cases.
Each state has a separate mechanism for the filing of complaints with the Authority. Currently, we are functioning in Chennai (TN), Bangalore (Karnataka), Mumbai (Maharashtra), Delhi & Haryana. Our team will take care of the procedure based on the place where the property is located.
The complaint before the Real Estate Regulatory must be made with the following details and documents:
The general timeline for resolving a RERA complaint is 60 days as per the Act. However, in special circumstances, the adjudicating officer can record the reason for adjournment and extend the time.