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.
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:
The RERA Act.
Orders.
Decisions.
Directions of the Regulatory Authority.
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:
Particulars of the applicant and the respondent.
Registration number as well as the address of the project.
A concise statement providing facts and grounds of claim.
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.
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.
A RERA complaint filing consists of the following details:
The name, address and other details of the buyer.
Address of the project.
Registration number of the property.
The facts and statements relating to the delay in the property.
The response of project developer.
The relief sought from the RERA Authority.
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.
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