A buyer can file a complaint with the UP-RERA Authority for any violation or contravention of the provisions of the RERA Act by a builder, developer, promoter, or real estate agent. As per Section 31 of the Act, anyone can file a complaint if they possess the knowledge to draft an accurate statement, including the relief sought from RERA. The RERA Act, 2016, has allowed different states to have their own particular procedure to do the legal proceedings.
Procedure to file a complaint in UP RERA
- Step 1: Visit the website of UP RERA to register a complaint (http://up-rera.in/complaint ) wherein a message box will appear asking about the Conciliation Forum option. If a user adopts for conciliation forum option, then it will provide different procedures and ask to register as a new user and afterward login.
As per section 32 of the Real Estate Act 2016, UP RERA has decided to establish the conciliation forum at 18 different stations in the state. The motive of the conciliation forum is to facilitate the amicable settlement of various disputes between the allottees and the promoters through the mechanism of free deliberations facilitated by the representative of the Promoter Association, Buyer Association, and RERA registration conciliation consultant.
- Step 2: If a user does not adopt for the conciliation forum consult, then another option will be displayed, asking whether there is an earlier order passed by RERA in that particular matter. The new user has to click on the ‘No’ option available there, otherwise on the ‘Yes’ option.
- Step 3: In the next step, it will later ask whether any matter is pending in another court of law such as District Consumer Forum, State Consumer Dispute Redressal Commission (SCDRC), etc. In case the matter is pending in another court of law other than RERA such as SCDRC, then the user has to select the ‘Yes’ option by which a message will be displayed conveying that if one can file the complaint in UP RERA. He must be required to withdraw the pending matter first in State Consumer Dispute Redressal Commission (SCDRC) or any other forum as per the provisions of Section 71 of the RERA Act and file your complaint in UP-RERA.
- Step 4: If the matter is not pending in other courts of law, then select the ‘No’ option at step 3, after which it will ask about the details of the complainant, the relief sought, payment made to the promoter, etc. After providing the required information in detail, validate and save the information.
- Step 5: The last stage of the process is to pay the requisite fees of Rs.1000/- through online mode (either by Net banking/Debit card/Credit card). After the successful payment, an acknowledgment receipt must be displayed on which Complaint reference number must have been reflected. Kindly save it for future references.
Read our article: RERA Complaint or Consumer forum (NCDRC): Which is better?
Online complaint mechanism in UP RERA
The UP-RERA Authority has been established a well defined online process for handling of the complaints, filed by an allottee, or by a promoter or by a real estate agent. Some of the important guidelines in this electronic management system of the complaints are required to be followed:
- The complainant visits the website of the UP RERA website and files the complaint using a link provided on a home page of the web portal. He requires paying the fee using an online payment gateway.
- He needs to file the online complaint form. It is necessary for him to submit all the payment details along with the documentary proof. He also needs to upload all mandatory documents in support of his complaint. This will help the Authority in expeditious and judicious disposal of the complaints.
- The system will allocate the complaint to the respective UP RERA benches based on a district in which the project is being located. Complaints pertaining to projects which are in NCR are assigned to Gautam Buddh Nagar Bench Authority. However, the complaints from districts other than the NCR must be assigned to the Lucknow Bench Authority.
- System-generated notices must be sent to both the complainant and the respondent via emails. The complaint, along with the attachments, will be made visible on the dashboard of the promoter. Adequate communication alerts must be sent to both the complainant and respondent via email and SMS.
- The respondent will then required to file his reply-written statement on the date of the first appearance. The advantage of an online system is that the matter is even decided on the first date of hearing.
- At any point the complainant can check the complaint status online by entering his/her complaint number on the Status link provided on the website of UP RERA.
- On the date of hearing, the system-generated Cause List gets printed and displayed on the notice boards for both the parties. They can check their allocated bench and also the sequence of hearing.
- During the hearing, both parties must be required to present their case and arguments, and it must be duly heard by the Presiding Officer. Proceedings of the day are posted on the complaint page of the portal as far as possible by the next working day. The parties will get an alert message via email and SMS. The matter is generally decided in three to four hearings.
- The final order will be uploaded on the portal on the date of signatures by the bench, which is instantly emailed by the system to the parties and is visible on the promoter’s dashboard also. The parties are sent alerts via email and SMS when the final order has been passed and uploaded.
- UP RERA web portal provides for an online provision for updating the proceedings of the hearing, allocation of next hearing date, uploading of interim and final orders.
Conclusion
To file the complaint in UP RERA, it is a different process from the rest of the states. All State-owned regulatory authorities have uploaded the RERA complaint form on the website. The Act has set up a Real Estate Regulatory Authority to ensure speedy justice to home buyers. The Act is also designed to ensure timely recovery of money or possession of the property to the buyers, against the builder.
Our CorpBiz group shall be at your disposal if you seek expert advice on any aspect UP RERA along with complete compliance. We will help you ensure full compliance concerning all the requirements based on your anticipated activities, ensuring the productive and well-timed completion of your expectation/work.
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