When And How To File A Complaint Under RERA

The Real Estate Regulatory Authority is the legal body dealing with real estate issues. It ensures assistance to the home buyers while assuring clarity in the transmission of the deal with the developers. RERA also works to boost investment in the real estate sector. The RERA Act came into effect on 1st May 2016. Section 31 of the RERA Act 2016 ascertain that a complaint can be filed with the RERA over housing dispute. Let us further see on when and how to file a complaint under RERA.

The home buyers often get scammed by the builders as they aren’t provided what had been promised. The ones seeking help from the concerned authority may file a complaint with RERA. It is paramount to note that the RERA complaint registration has to be done as per the outline recommended by the respective state government. In case of breach of any provision, the same could be reported to RERA.

When to File a complaint with RERA?

The RERA complaint can be filled by the home buyers in case of violation of any provision of the Act. The buyer has the right to file a case against either promoter, dealer or developer. The buyers hold the right on the following provisions under RERA Act 2016:

• Get information regarding the sale of a plot or flat.
• To acknowledge the stage-wise schedule of the project and how much time will it take to finish.
• File a complaint against any promoter on grounds of possession of the apartment, building or plot.
• In case of breach of any provision, the allottee can claim for a refund of the sum along with the interest as compensation mentioned under the Act.
• Demand for requisite documents and plans.

File a complaint with RERA

According to section 31 of the RERA Act 2016, the buyer holds right to file a complain application with RERA or with the adjudication officer in case of violation of any right of the buyer as mentioned under the Act. On infringement of the rules, the buyers can file complain against:

• Promoter
• Builder
• Real Estate Agent
• Contractor
• Intermediary

If any of the above are found guilty in violating any of the provision under the RERA act, the person will be penalised. Non-compliance of the following would be subjected to stringent penalty:

• The RERA Act
• Orders
• Directions from the RERA
• RERA Tribunal

Violation of the provision and the action prescribed as per the RERA tribunal is as follows:

• Non-registration of any project with RERA could lead the promoter to pay a hefty fine which may scale up to 10% of the estimated cost, as reckoned by the Authority. If the promoter does not adhere with the penalty then, imprisonment up to 3 years will be applied on the promoter. At times, RERA may impose both.
• In case the promoter furnishes false information to the regulatory authority, then, the promoter will be penalised up to 5% of the estimated cost of construction of the building.
• If RERA finds that the promoter does not comply with the Act and work against it, then a cumulative penalty of about 5% of the cost of construction of the building, plot, or apartment will be applied.
• In case of conflict with the Appellate Tribunal, the promoter may have to face imprisonment up to 1 year. Besides the imprisonment, the promoter may have to pay for the recurring default calculated on per day basis. It could be cumulated up to 5% of the cost of the plot, apartment of the construction cost of the building.

How to File a complaint with RERA?

In order to file a complaint with RERA, the buyer has to furnish the following details in the form.

• Details about the applicant such as name, address and etc.
• Registration number of the project and the address has to be mentioned in the form.
• A detailed statement regarding the claims and facts about the project has to be mentioned in the form.
• The response from the developer.
• Interim relief sought from the RERA Authority.

To claim compensation from the promoter, the buyer has to initiate the proceedings before the concerned officer of RERA. A prescribed fee has to be paid along with the RERA complaint form. One needs to note that the fees vary from one state to another.

Steps required to file a complaint under RERA

The complainee has to follow the following steps to get a RERA complaint registration.

Step 1

A RERA complaint by the buyer can be filed by any distressed home buyer along with the documents and form. They may file the complaint either to RERA or an adjudicating officer.

Step 2

It is the sole discretion of the concerned authority whether the grievances of the consumer would be heard by a single bench member or any member of the authority.

Step 3

After receiving the complaint, the regulatory authority holds an inquiry bench giving a fair chance to the involved party to put across their word as a reasonable opportunity.

Step 4

The complaint has to be settled within 60 days of receiving the application. To sought interim relief, the adjudicating officer would deal with the case efficiently and as speedy as possible.

Now, many states have made a feasible platform for the buyers to make compliant with RERA without having to submit the hardcopy of the documents with the form. The form can be submitted online on the official website of RERA of the respective states. The complainee may check the RERA complaint status online. The same would be intimated to the involved parties through the registered mobile number. However, it is important for the complainee to register his complaint with RERA as per the provision and guidelines provided by the respective state Real Estate Regulatory Authority to ensure faster solutions.