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RERA online complaint filing




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RERA online complaint filing

RERA represents for Real Estate Regulatory Authority which is an act of the Parliament of India trying to ensure home-buyers and assists to boost investments in the real estate business. It is intended to bring clarity and responsibility that would recapture the lost faith of the individuals in the real estate business. RERA acts as an adjudicating body for quick dispute redressal. This Act came into existence on 1st May 2016 with 59 of 92 sections notified.

Under Sec. 31 of the Real Estate (Regulation and Development) Act 2016, The complaints can be filed either with the Real Estate Regulatory Authority or the adjudicating officer.

A complaint should be in the outline recommended according to the respective state government’s principles. If a buyer’s rights are breached or any provisions of the Act is breached then a complaint could be filed under RERA in the format given by the respective state government.

Benefits of filing a case under the RERA

  • Chances of expeditious disposal of complaints.

  • The requirement of financial discipline through the promoters.

  • Transparency.

  • No ambiguity in area measurements.

Related section with the latest amendment

A buyer can file the case of RERA complaint Filing with the RERA Authority for any contravention or infringement of the provisions of the RERA Act or the rules and RERA regulations which are made against any promoter, allottee or real estate agent. Section 20 of the Real Estate (Regulation and Development) Act, 2016 provides the rights of the allottees to:

  • Get complete information concerning the sale that has been signed with the promoter.

  • Beware of the stage-wise schedule of the project and how much of the project has been finished.

  • File a complaint against builder regarding possession delay of apartment, plot or building.

  • Claim refund of the sum with interest at a rate and in a manner that is set and compensation in the manner provided under the Act.

  • Have the requisite documents and plans.

RERA Complaint filing against Builder

Section 31 of RERA, 2016 explains that an aggrieved individual can file an application directly with the Regulatory Authority or Adjudicating Officer. This could be for the infringement of provisions of the Act or any rules and regulations inserted under this Act against:

  • a promoter.

  • allotted.

  • builder.

  • contractor.

  • or a real estate agent.

Legal remedies

Chapter VIII of RERA, 2016 states the offenses, penalties, and adjudication. Sections 59-72 deal with the provisions comprehensively.

Stringent penal provisions such as Section 59 of the Act deal with a scenario of contravention or non-compliance of the provisions of:

  1. The RERA Act.

  2. Orders.

  3. Decisions.

  4. Directions of the Regulatory Authority.

  5. The RERA Tribunal.

Non-registration of a project by a promoter with the Regulatory Authority shall mean that one could have a penalty imposition up till 10% of the estimated cost by the Authority.

If one doesn't comply with it, then the imprisonment of up to 3 years and the imposition of a penalty of about 10% of the estimated cost or both will be there. 

In cases where a promoter is furnishing false information to the Regulatory Authority, it shall then impose a penalty of up to 5% of the cost estimated of the project or construction.

Also, there are certain penalties for the contravention or violation committed by the Allottee under the Act, which includes:

The Regulatory Authority determines the Non-compliance of the Act can lead to a cumulative penalty amounting to 5% of the cost of the plot, apartment or building.

Further, if any orders of the Appellate Tribunal are in conflict then, in that case, one can face imprisonment up to 1 year. That too with a fine calculated per day of the continuing of the default, which may be extending up to 5% of the cost of the plot, apartment or building.

Document Required for RERA Complaint Filing

When trying to file the complaint, the complainant needs to provide the following details in the form prescribed by the state:

  1. Particulars of the applicant and the respondent.

  2. Registration number as well as the address of the project.

  3. A concise statement providing facts and grounds of claim.

  4. Reliefs and interim reliefs sought.

To claim compensation under the Real Estate Regulatory Authority, one should initiate proceedings before the adjudicating officer. A similar form would have to be filled out for the same.

Registration Process

The RERA complaint filing procedure in India incorporates the following steps:

One could file the complaint against builder under RERA in the format as set under applicable State Rules.

RERA complaint filing consists of the following details:

  1. The name, address and other details of the buyer.

  2. Address of the project.

  3. Registration number of the property. 

  4. The facts and statements relating to the delay in the property. 

  5. The response of project developer. 

  6. The relief sought from the RERA Authority.

  7. A prescribed fee is paid alongside the RERA complaint filing. This fee differs in every State.

Procedure for RERA Complaint filing

Step 1: A consumer or any association of distressed buyer could approach the Real Estate Regulatory Authority (RERA) or the adjudicating or determining officer in charge to file a complaint.

Step 2: It is the discretion of the authority whether to direct the grievances to be heard and adjudged by a single bench of either the chairperson or any member of the authority.

Step 3: After the appointment of an adjudicating officer, the Appellate Tribunal holds an inquiry in an authorized manner, after giving any person a reasonable opportunity of being heard.

Step 4: The case is to be settled within 60 days from the date of receipt of application. Redressal for claiming compensation would be dealt with by the adjudicating officer in charge as efficiently and speedily as possible.

We at eStartIndia provide meticulous assistance to the clients incorrectly file the Rera complaint filing as per the rules.

eStartIndia is the professional tech-based online legal services provider which help the clients to simplify the procedures of file the Rera complaint filing, implementation, tax concerns and any additional legal compliances and services related to the business in India.

Get a free Consultation service for any registration with Our Top skilled Experts.



FAQs

What is the effective date of RERA?

Real Estate (Regulation and Development) Act is effective from 1 May 2017.

What are the conditions for Applicability of the Act?

Act is applicable when the land size exceeds 500 sq.mtrs and units exceed 8.

No promoter shall advertise, market, book, sell or offer for sale for any real estate project in any planning area without first registering such project.

 Is RERA act, applicable to all Indian States?

The act is applicable to all states excluding Jammu & Kashmir.

Is there any time limit prescribed for disposal of complaints?

Section 29 of the Act provides that complaints should be disposed of as expeditiously as possible but not later than sixty days from the date of filing the same. However, where it cannot be disposed of during the said period, the Real Estate Regulatory Authority is required to record its reasons for the same.

What is the process of escalation of Complaint under RERA?

The Act requires establishing an Appellate tribunal by the appropriate government within one year of the Act coming into force. So, RERA is the first body to approach in case of disputes and as per the set of rules, this body can establish the nature of the violation and prescribe the penalty/ punishment. Any person not satisfied by the decisions of the RERA or an adjudicating officer can file an appeal to the Appellate Tribunal. This set up will fast track the process of dispute settlement since it minimizes the involvement of the existing judicial system.
A person can appeal in High Court if he is not satisfied 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. The person has to file before the High Court within 60 days of receiving the decision.

How can an aggrieved allotted lodge a complaint in the case of dispute with the real estate developer?

It is mandatory to set up an Appellate Tribunal by the state government within one year of the commencement of the Act. The aggrieved allottee is required to approach the RERA in the case of disputes and the RERA will pass the order of penalty or punishment by acknowledging the nature of the violation. If in case the allottee is not satisfied by the decisions of the RERA or an adjudicating officer then he/she can file an appeal to the Appellate Tribunal. This setup will speed up the process of dispute settlement because it minimizes the involvement of the existing judicial system. Further, if the allottee is not satisfied with the decision of the Appellate Tribunal then he/ she can appeal in the High court.



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