RERA stands for Real Estate Regulatory Authority, a law of the Parliament of India designed to ensure home buyers and encourage investments in the real estate industry. This is intended to restore the lost trust of the individuals in the real estate business by bringing clarity and responsibility. RERA acts as an adjudicating body for quick resolution of disputes. The Act came into force on 1st May 2016 and 59 out of 92 sections were notified.
Complaints can be filed with either the Real Estate Regulatory Authority or the adjudicating officer under Section 31 of the Real Estate (Regulation and Development) Act 2016.
The RERA complaint should be outlined according to the principles recommended by the state government. Whenever a buyer’s rights or any provisions of the Act are violated, a complaint can be filed under RERA in the format provided by the respective state.
RERA benefits of filing a case :
- There is a chance of complaints being handled expeditiously.
- Promoters are required to maintain financial discipline.
- Transparency.
- Area measurements are clear.
RERA Complaint filing against Builder:
According to RERA, 2016, aggrieved individuals may file an application directly with the Regulatory Authority or Adjudicating Officer. There could be infringement of provisions of the Act or any rules and regulations inserted under it against:
- Promoters.
- Allotted.
- Builder.
- Contractor.
- or a Real Estate Agent.
Legal Remedies
The offenses, penalties, and adjudications are listed in Chapter VIII of RERA, 2016. In sections 59-72, the provisions are dealt with comprehensively.
There are stringent penal provisions in the Act, such as Section 59, which deal with violations and non-compliances with:
- The RERA Act.
- Orders.
- Decisions.
- The Regulatory Authority’s directions.
- The RERA Tribunal.
When a promoter does not register a project with the Regulatory Authority, a penalty of up to 10% of the estimated cost may be imposed by the Authority.
Those who do not comply will be punished with imprisonment of up to 3 years and a penalty of about 10% of the estimated cost.
The Regulatory Authority may impose a penalty of up to 5% of the project or construction estimated cost in cases where promoters provide false information to it.
The Act also provides penalties for contraventions or violations committed by allottees, including:
Regulatory Authority sanctions non-compliance with the Act with a cumulative penalty of 5% of the plot, apartment or building’s cost.
Additionally, if any orders of the Appellate Tribunal are in conflict, then one can be imprisoned for up to a year. As well as a fine calculated per day of the continuing default, which may reach 5% of the plot’s, apartment’s or building’s value.
The document required for filing a RERA complaint
To file a complaint, the complainant needs to provide the following details in the state-mandated form:
- The applicant’s and respondent’s details.
- The project’s registration number and address.
- Providing facts and grounds for a claim in a concise manner.
- Requests for relief and interim relief.
A claim for compensation should be lodged with the Real Estate Regulatory Authority’s adjudicating officer. It would be necessary to fill out a similar form.
Registration Process
India’s RERA complaint process consists of the following steps:
The complaint can be filed under RERA according to the format specified by the applicable state rules.
The following details are included in a RERA complaint filing:
- Buyer’s name, address, and other details.
- The project’s address.
- Property registration number.
- Statements and facts related to the delay in the property.
- Project developer’s response.
- RERA Authority relief sought.
- The filing of a RERA complaint is accompanied by a prescribed fee. States charge different fees.
Filing procedures for RERA complaints
Step 1: A consumer or an association of distressed buyers may file a complaint with the Real Estate Regulatory Authority (RERA) or the adjudicating or determining officer.
Step 2: The authority has the discretion to direct the grievances to be heard and adjudged by a single bench consisting of the chairperson or any member.
Step 3: Once an adjudicating officer has been appointed, the Appellate Tribunal will hold an inquiry in an authorized manner after giving anyone a reasonable opportunity to be heard.
Step 4: A case must be resolved within 60 days of the date of receipt of the application. The adjudicating officer in charge will process compensation claims efficiently and quickly.
Our firm provides meticulous assistance for clients who fail to file RERA complaints in accordance with the rules.
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