Being a home buyer, if you are facing any delays or fraud with builders or developers, file a complaint under RERA. You need to follow the prescribed methods and fill a specific set of forms
We address all your queries about RERA Complaint.
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We file your complaint and you get a complaint number. You can use this number for all future correspondences.
Real Estate explains the built environment that companies and society can't work without. The Real Estate sector's residential and commercial subdivisions are protected by the Real Estate Act (Regulation & Development), 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:
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.
Since when is RERA applicable?
The RERA (Real Estate (Regulation & Development Act) got the Gazette Notification in March, 2016. The implementation for the same was to be done in every State & UT in a phase-by-phase manner. As mentioned in the Act, every State/UT needs to frame its own rules within 6 months of adopting the Act. It also needs to notify its own RERA authority within 1 year. Specific compliance provisions may need some time before being implemented. However, general compliance provisions for developers/builders should be applicable immediately after adopting the Act.
Does RERA cover commercial projects?
Yes. RERA covers all commercial projects, inclusive of buildings, shops and offices.
Can a complaint be filed against Existing projects?
As per section 3(1) of the Act, ongoing / existing projects, which have not received occupation or completion certificate, shall be covered under the Act. Builders / Developers must register such projects under RERA, within three months of implementation of the Act.
What is the remedy available for a person aggrieved by the order of the Adjudicating Authority?
Any person aggrieved by the decisions of the RERA or an adjudicating officer can appeal to the Appellate Tribunal.
What is the remedy available for a person aggrieved by the order of the Appellate Authority?
A person can appeal in the High Court if he is aggrieved by the decision of the Appellate Tribunal however this isn’t allowed in cases where the decision was reached after consent of the disputing parties.
What is the timeline for approaching the High Court on an appeal?
The person has to approach High Court within 60 days of receiving the decision.