Mastering RERA: Your Complete Guide to Filing Complaints Against Real Estate Developers in India

Introduction

RERA stands for Real Estate (Regulation and Development) Act, 2016. It is a law passed by the Indian government to regulate the real estate sector and protect the interests of homebuyers. RERA aims to create transparency and accountability in the real estate industry by making it mandatory for developers to register their projects with the regulatory authority and disclose all relevant information to the buyers.

What are the benefits of RERA for homebuyers?

The benefits of RERA for homebuyers include:

• Increased transparency and accountability in the real estate industry
• Protection of homebuyers’ rights and interests
• Timely completion of projects and delivery of possession
• Establishment of a grievance redressal mechanism for homebuyers
  

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What is a RERA complaint?

A RERA complaint is a legal complaint filed by a homebuyer against a real estate developer or builder for non-compliance with the RERA Act or any other grievances related to the purchase of a property.

How to raise a complaint or file a case in RERA?

To raise a complaint in RERA (Real Estate Regulatory Authority) in India, you can follow these steps:

• Identify the RERA authority: Identify the RERA authority that has jurisdiction over your project. You can find this information on the official website of the RERA authority of your state.
• Prepare your complaint: Collect all the relevant documents, agreements, correspondence, and other evidence that supports your objection. Make sure to have a clear understanding of the nature of your complaint, the relief that you are seeking, and the specific provisions of the RERA law that apply to your complaint.
• Fill out the complaint form: Fill out the complaint form in the prescribed format as per the RERA rules of your state. The complaint should include all the necessary details, such as your name, address, contact details, details of the developer and the project, and the nature of your complaint.
• Attach relevant documents: Attach all the relevant documents and evidence to support your complaint.
• Pay the required fee: Pay the required fee for filing the complaint, as per the RERA rules of your state.
• Submit the complaint: Submit the complaint either in person or online on the official website of the RERA authority.
• Attend the hearing: The RERA authority will schedule a hearing where you and the developer can present your case. You should attend the hearing with all the necessary documents and evidence.
• Await the verdict: After the hearing, the RERA authority will pass an order based on the merits of the case. The developer will be required to comply with the order, failing which they may face penalties and other consequences.

It is recommended that you seek the assistance of a legal expert to ensure that your complaint is appropriately prepared and presented before the RERA authority.

How can homebuyers file an online complaint under RERA?

Yes, you can file a RERA complaint online in India. Here are the steps you can follow:

• Visit the official website of the RERA authority of your state.
• Look for the ‘Complaint Registration’ option on the website and click on it.
• Register on the website by providing details such as name, email ID, phone number, etc.
• Fill out the online complaint form with all the relevant details, including your name, address, contact details, details of the developer and the project, and the nature of your complaint.
• Upload all the supporting documents, such as the sale agreement, payment receipts, correspondence with the developer, and any other relevant documents.
• Pay the required fee for filing the complaint, as per the RERA rules of your state.
• Submit the online complaint form and supporting documents.
• The RERA authority will verify your complaint and notify the developer to respond.
• A hearing will be scheduled, and both parties can present their case.
• The RERA authority will pass an order based on the case’s merits, and the developer will be required to comply with the order.

RERA Online Complaint Form

What are the remedies available to homebuyers under RERA?

The remedies available to homebuyers under RERA include:

• Refund of the amount paid with interest if the developer fails to deliver the possession of the property within the stipulated timeframe.
• Compensation for any loss caused due to the delay or non-compliance by the developer.
• Rectification of any structural defects or deficiencies in the property.
• Termination of the agreement and refund of the amount paid with interest if the developer violates any of the terms of the contract.
• Any other relief as the RERA authority deems fit
  

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Conclusion

Filing a complaint under RERA is a crucial step towards ensuring that your rights as a homebuyer are protected. With the help of RERA, you can hold builders and developers accountable for any discrepancies or delays in the construction and delivery of your property. The RERA complaint process is designed to be transparent and efficient, with clear timelines for resolution. Using this mechanism, you can not only seek redressal for any grievances but also contribute to creating a more transparent and accountable real estate industry.

Frequently Asked Questions about RERA Act

Q 1. Who needs to register under RERA?

Ans. All new real estate projects and agents who facilitate real estate transactions need to register under RERA. Developers with ongoing projects that are yet to be completed must also register them with the regulatory authority.

Q 2. What kind of complaints can be filed under RERA?

Ans. Complaints related to delay in possession, deviation from sanctioned plans, violation of RERA regulations, and any other grievances related to the purchase of a property can be filed under RERA.

Q 3. What is the time limit for filing a complaint under RERA?

Ans. The time limit for filing a complaint under RERA varies from state to state. Generally, it is one to three years from the date of possession or registration of the project.

Q 4. Can I file a RERA complaint against a real estate agent?

Ans. No, RERA complaints can only be filed against real estate developers or builders registered under RERA.

Q 5. Is there any fee for filing a complaint under RERA?

Ans. Yes, there is a fee for filing a complaint under RERA. The fee varies from state to state.

Q 6. Can I file a RERA complaint online?

Ans. Yes, you can file a RERA complaint online on the official website of the RERA authority of your state.

Q 7. What is the process for resolving a RERA complaint?

Ans. The RERA authority will verify the complaint, issue a notice to the developer, and schedule a hearing. After the hearing, the RERA authority will pass an order based on the merits of the case, and the developer will be required to comply with the order.

Q 8. Do I need a lawyer to file a complaint under RERA?

Ans. It is not mandatory to have a lawyer to file a complaint under RERA, but it is recommended to seek legal advice to ensure that your complaint is properly prepared and presented before the RERA authority.