Delayed Property Possession - RERA

RERA Complaint Format Sample
Title: Complaint under Section [State the relevant section of RERA Act] against [Name of Respondent(s)] by [Your Name]
Complainant Details.
Respondent Details.
Project Details.
Grounds of Complaint.
Relief Sought.
Supporting Documents.

Declaration.

Enlist the particulars concerning the party inclusive of either the builder or developer. State the particulars with regard to your grievances and attach any other documentation that supports your contentions. Lastly, remit the non-refundable complaint filing fee of INR 1,000 and attach the paid deposit slip for subsequent completion of filing the complaint under RERA in Karnataka.

It is important to follow the RERA requirements. When a complaint is lodged by a complainant with the RERA authority, the complaint must be disposed of within 60 days of the filing. The RERA conciliation forum plays an important role in addressing the complaints of home buyers efficiently and also in a timely manner.

It is compulsory for the construction companies to ensure that 70% of the total collected funds from buyers such as you, are deposited in bank accounts by means of cheques. In other words, builders cannot anymore do anything fraudulent or do money laundering. From now, every rupee spent and every rupee earned needs to have a justification for its existence.

Any individual who feels they have been wronged has the right to lodge a grievance with the appropriate Authority or the appropriate adjudicating officer in relation to any breach or non-compliance with the provisions of this Act or rules and regulations made thereunder by any promoter, allottee or real estate agent, as the case may be.

The advent of the RERA registration has worked as an effective mechanism for the clients to compare the property better and in turn, expect only what the builder has committed, therefore making the process faster, easier and less cumbersome when purchasing a home. All these factors will ensure the health of the real estate industry in the country for quite a long period.

The registration granted shall not be revoked unless the promoter has been given a 30 days written notice stating the reasons why such registration should not be revoked by the promoter and causing sufficient cause to be shown to the authority.

There are a number of reasons a home buyer may choose to back out of a purchase agreement. Some of such reasons may be due to the breach of duty by the promoter, whereas in other instances the reasons may economic challenges an the market, issues of a personal or financial nature, or any other reasons.

Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member) while deciding on the issue have opined that the home buyers can also approach the Real Estate Regulatory Authority (Authority) even if a complaint has been filed before the Consumer Court. However, in case of both complaints, if the same relief is sought the Doctrine of Election will be applicable.

According to the existing rules of the RERA, the builder can only forfeit two percent of the entire property’s cost, in the case of cancellation of booking done within 45 days of receiving an allotment letter. This means the buyer would have to pay the above-stated percentage of the total price to the builder as compensation.