RERA Complaints: How to Secure Your Real Estate Interests in 2024

Simplifying Homeownership: Understanding RERA Complaints in India

Owning a house is a universal dream, but the path to homeownership can be fraught with complexities. To streamline this process and safeguard buyers, the Real Estate (Regulation and Development) Act (RERA) was introduced in 2016. RERA, also known as the Real Estate Regulatory Authority, is a government initiative aimed at ensuring transparency and credibility in the real estate sector.

The Need for RERA

Amid declining trust in realty transactions, RERA mandates that each Indian state maintain an official website. This platform serves as a vital resource, highlighting state-specific real estate laws and providing channels for swift grievance resolution.

RERA Complaint

Who Can File a RERA Complaint?

Homebuyers have the right to file a RERA complaint against builders, developers, promoters, or real estate agents for any violation of the provisions outlined in the RERA Act. This process offers a convenient and straightforward way to seek redressal for property-related grievances.

You can file a RERA complaint if:

1. Delayed Possession: The handover of possession is significantly delayed.
2. Poor Construction Quality: The quality of construction falls short of expectations.
3. Ventilation Issues: The property lacks proper ventilation.
4. Excessive Maintenance Costs: The charges for property maintenance are unreasonably high.
5. Unsettled Claims: There are unresolved claims related to the property.
6. Cost Plan Refusal: The developer or builder refuses to disclose the cost plan for property development.

Reasons for RERA Complaint Case Filing

RERA cases are typically filed for two specific reasons:

1. Interest on Delayed Possession: Homebuyers claim interest due to delays in possession.
2. Project Withdrawal: Buyers choose to withdraw from the project, and the builder refunds the amount paid along with appropriate interest.

Execution under RERA

Section 40 of the RERA Act outlines the execution process for judgments passed by the RERA authority or the Adjudicating officer. If a developer fails to comply with RERA tribunal orders (which may include monetary compensation or interest for delayed possession), the outstanding amount becomes recoverable as arrears of land revenue. Affected individuals can file an execution application to enforce the tribunal’s orders.

During the application process, a hearing takes place. If the opposite party provides justifiable reasons for non-compliance, consideration is given. Otherwise, the collection of land revenues occurs through collectors, and a Recovery Certificate (RC) is issued. The execution application fee varies from state to state.

How to Lodge a Builder Complaint in RERA

Follow these steps to successfully register your RERA complaint:

1. Visit the Official RERA Website: Start by visiting your state’s official RERA website.
2. Locate the Complaint Registration Page: Search for the complaint registration section on the site.
3. Fill in the Complaint Form: You’ll be redirected to a RERA complaint form. Provide all necessary details, including personal information (name, address, contact number), and attach supporting documents for authenticity verification.
4. Submit the Form: After completing the form, submit your complaint by paying the required fee. If you complain to an Adjudicating officer, the fee is Rs 5000; for other cases, it’s Rs 1000.

Simplifying RERA Complaints: State-Specific Procedures and Benefits

The Real Estate Regulatory Authority (RERA) complaint procedure and the specific forms vary across states in India. Each state, along with Union Territories, maintains its own RERA website, providing details about filing complaints and the necessary forms and documentation.

State-Specific RERA Complaint Forms

Here’s a summary of RERA complaint forms for some states and Union Territories:

State/Union Territory RERA Complaint Form : you can msg me if you didn't found it online

Check Your RERA Complaint Status

You can now quickly check the status of your complaint online via your state’s designated RERA website. These portals serve a dual purpose: they provide information on RERA approvals for projects and allow you to track your RERA case status. The existence of dedicated RERA portals is mandated by the Real Estate (Regulation and Development) Act, 2016.

Pending Cases and RERA

Previously, pending cases in the National Consumer Disputes Redressal Commission (NCDRC) could not be transferred to RERA. This posed challenges for aggrieved homebuyers. However, once RERA passes its judgment, dissatisfied parties can reapply with the same complaint.

Efficient Dispute Resolution

RERA ensures efficient dispute resolution, much to the satisfaction of homebuyers. As per RERA guidelines, complaints filed with the RERA authority should be disposed of within 60 days from filing. The RERA conciliation forum plays a crucial role in swiftly addressing homebuyers’ grievances, saving time and resources otherwise wasted on lengthy litigations.

Benefits of Filing a Case under RERA

Filing a complaint under RERA offers several advantages:

1. Builder Accountability: Builders and real estate agents must fulfill their contractual promises. Non-compliance can lead to license revocation or disqualification from property transactions.
2. FastTrack Resolution: RERA complaints are addressed promptly using the FastTrack method.
3. Alarm for Other Buyers: Successful grievance redressal alerts other buyers dealing with the same builder or agent.
4. Foolproof Solutions: RERA focuses solely on real estate issues, providing robust solutions to property-related grievances.

Homebuyers’ Choice: RERA vs. Consumer Court

In a landmark ruling on November 2, 2020, the Supreme Court clarified that aggrieved homebuyers can approach both RERA and the Consumer Court with their complaints. This decision empowers buyers to choose the most suitable forum for their grievances, whether it’s the RERA Act or the Consumer Rights Act.

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Understanding RERA and Its Grievance Redressal Mechanism

RERA (Real Estate Regulatory Authority) and the grievance redressal mechanism play a crucial role in safeguarding homebuyers’ interests. Let’s explore how to file a RERA complaint and understand the complaint resolution process.

Filing a RERA Complaint: Step-by-Step

1. Know Your Jurisdiction: Understand the jurisdiction where your complaint falls. You can file a complaint in any Indian state with the State Tribunal, RERA authority, or Adjudicating Officer. Each state provides utility for both offline and online complaints.
2. Prepare Your Complaint: Ensure your complaint contains all necessary details related to the transaction. Include comprehensive information about the parties involved.
3. Obtain a RERA Complaint Number: Once you file a complaint, the authority assigns a unique RERA complaint number. This number allows you to track the progress of your case.
4. Document Submission: The complainant receives a complete set of required document copies. These documents must also be provided to the other party involved.
5. Builder’s Response: The builder or the other party files a response to the raised complaint.
6. Authority’s Mandate: The respective authority mandates the builder’s actions or outlines the other party’s responsibilities. Non-compliance with this order can result in hefty penalties or imprisonment.

FAQs

1. Can I File a Complaint Against Unregistered Projects in RERA? Yes. Under Form ‘A’ of Section 31 of the RERA Act, 2016, you can file a complaint against unregistered projects. Provide project details, including the registration number, builder or developer information, and details about the individual you’re complaining against.
2. Required Documents for RERA Online Complaint Filing: Supporting documents related to the transaction and personal details of both parties are essential.
3. Consumer Court vs. RERA: Aggrieved allottees retain the right to approach the Consumer Forum even after seeking recourse through RERA.
4. RERA Complaint Registration Fee: Online complaints require a fee of Rs 1000. If the objection is raised before the Adjudicating Officer, the fee increases to Rs 5000.
5. Filing a Complaint Against a Builder in Consumer Court: Approach the Consumer Court. Prepare a petition containing precise details, including builder-buyer agreement, proof of payment, specific grievance, property details, and compensation sought. Pay a court fee based on the claim value (ranging from Rs 100 to Rs 5000).
6. Important Details for Filing a Complaint in Consumer Court: Name and address of the consumer. Name and address of the builder. Relevant location, time, or other facts related to the complaint.

written by -

Sudhir Rao (Qualified Advocate in India) at Supreme Court of India

Contact - 9729506771