How to file a complaint in RERA in Himachal Pradesh?

22 Jul, 2020

Reading Time: 4 Minutes

Because of the majestic beauty, Himachal Pradesh might get up with a delight boom in Real Estate Industry. The State Government of Himachal Pradesh has opened the entry gates for the outside property investors in the residential sector.

Developers from the various parts of the world are approaching the state to invest a huge amount in the Himachal Pradesh Real Estate sector. As the Real Estate market has immense potential in the state, it may have led to an increase in the number of home-buyers, too. Therefore, the investors must know about where they must go if they come across any hassle in their investments. After the RERA Act, 2016, let explore the effect of the enactment of RERA in Himachal Pradesh in this blog.

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RERA in Himachal Pradesh

RERA (Real Estate Regulatory Authority) Regulation has been enactment from 01 May 2017 with the specific object to ensure (i) accountability, (ii) grievance redressal (iii) sustainability for the real estate industry. As required by the above RERA Act, RERA registration is mandatory. The State of Himachal Pradesh has been notified of its final Himachal Pradesh RERA Rules in 2017 on 28 Sep 2017, which prescribes regulation, form, and process. Those are as follows:-

Common Complaint before RERA in Himachal Pradesh

Some common issues faced by a buyer for complaint redressal which is as under:

Delay in possession of the Property
Non-payment of interest and penalty
Sales of flat to multiple buyers
Un-necessary demand by builders
Development stopped on the project
Cancellation of project

RERA Complaint in Himachal Pradesh

Real Estates grievances involve a huge amount of financial interest, so the filing of RERA complaints must always be under a guidance of the professional, who has the knowledge of a Real Estate Industry and also has an understanding of the RERA laws.
An online portal for RERA has been launched in-state of Himachal Pradesh, so now all the issues incidental to the Real Estate investments on which any aggrieved home-buyer wants to file a complaint can reach the authority online.

Read our article: Guide on Permissible expenses can be charged to RERA Account

RERA complaints in Himachal Pradesh depending upon a kind of grievance

Complaint to RERA Adjudicating officer

Any of the complaints relating to claim of interest and compensation, which is covered by sections 12, 14, 18, and 19, of RERA Act, 2016^[1], can be filed in the Form ‘O’ before HP RERA Adjudicating officer. The complaint must be filed with a fee of Rs. 500/-.

Complaint to Himachal Pradesh RERA Authority

Any complaint related to violations of the RERA Act, or RERA Rules and regulations
Except those that can be filed with RERA adjudicating officer
It can be filed before RERA Authority in a Form ‘M’ on its portal, after paying a prescribed fee of Rs. 500/-

The RERA Authority must, after following the prescribed procedure, dispose of the complaint within 60 days of filing. If it is not disposed of in the said period, the officer must record the reasons.

Complaint to the Himachal Pradesh RERA Tribunal

RERA Tribunal is the second appellate authority.

Any person who is aggrieved by order of the RERA authority or an adjudicating officer
It can file the complaint to Himachal Pradesh RERA Tribunal in Form “N” in physical within 60 days from date of receipt of such order after paying a prescribed fee of Rs. 1000/-.

Process of filing RERA complaint in Himachal Pradesh

The RERA Act, 2016, was passed to protect all buyers from the fraudulent practices of developers and create transparency in real estate transactions. This Act became effective from 01 May 2017 to ensure speedy dispute redressal in the real estate sector. With this motive in mind, each state has formed its state Act, its website, and its particular authority, thereby providing an opportunity to all buyers to file complaints against any default with respect to the registered project or the agent services. Therefore, a procedure to file a complaint with HPRERA is described below, which needs to be followed while registering the complaint in RERA Authority of Himachal Pradesh:

Step 1: Go to the registration tab on the HPRERA portal through the website (www.hprera.in), thereby selecting an option of registering complaints therein.
Step 2: Form ‘M’ must be filed online, with various details filled in like the column of complaint against and mentions that a project is registered in HPRERA or not.
Step 3: Details of a complainant, his address, and his Contact no. are the mandatory fields that need to be properly filled.
Step 4: The details of a respondent, his address, and details of the complaint mention the relief sought from RERA therein.
Step 5: After attaching all supporting documents, one has to make an online payment or payment through a bank draft of Rs. 500/- and then declare and verify his consent by clicking on the submit button.
Step 6: Retaining a complaint reference number for future use.

Conclusion

Our CorpBiz group must be at your disposal if you seek expert advice on any aspect and complete compliance. The RERA consulting team of CorpBiz is very versatile & experienced. We have in-depth and practical experience in dealing with various issues and RERA litigation before different RERA authorities. To name, some consultancy, are as under: