Overview of RERA Complaint
RERA covers the residential and commercial sub-division part of the Real estate. RERA stands for Real Estate Regulatory Authority which was introduced in 2016 and also known as RERA, 2016. The motive of this act is to safeguard the interest of the consumers in the Real Estate Sector. It also promotes transparency and standardization in the business practice conducted in the Real Estate Sector. It works rigorously in the direction to protect the interest of both the buyers and promoters by imposing specific and strict duties on both of them and tries to establish symmetry of information between buyer and promoter. RERA works as a shield to protect consumers from greedy builders and it also provides a platform called RERA complaint to the consumers. Under RERA complaint, home buyers can file a complaint against the builder, developer or agent if they feel they are being violated or any provision of the Act infringed.
With the introduction of RERA consumers indulge in real estate feel empowered and protected. The buyers have the right to file complaint in case of any fraud and unhealthy business practice. Now, the buyers at real estate have the privilege to file a complaint and grievances and in return can expect a contented solution of their problem.
To resolve their grievances buyers can ask legal authorities to intervene in their matter. Though, it is the duty of buyer to confirm that their builder is register under RERA. In case the builder of the housing project is not registered under RERA, buyers of such projects may find them in dilemma and may encounter problem in lodging complaint against them.
RERA Complaint Regarding the Projects
As per RERA, 2016, it is necessary for both the builders and developers to get their projects registered under the state regulatory authority of the concerned state. RERA provides a platform to the buyers where they can keep an eye on the growth and development of the on-going projects and can also lodge a complaint in case of any grievance. The buyer can use the Form ‘A’ of Section 31 of the said Act to lodge a complaint against either the builder or the developer on experiencing any dupe event. Make sure your complaint has requisite information present in it such as registration number of the developer or builder projects.
If the RERA fails to provide any solution to the buyer then buyer can seek the help of Appellate Tribunal within a period of sixty days of filling the complaint with RERA.
RERA Complaint- Projects not Registered With RERA
There are developers and builders in India who does not register their projects under the provisions of RERA. As a result, buyers of such projects have to go through number of challenges while lodging a complaint against the developers and builders. The buyers who unwillingly got stuck with the unregistered projects may seek other legal remedies to get out of the trouble. They can ask for justice either by filing criminal case or a case in the consumer court against the builder or developers of the unregistered project. Moreover, they can also appeal in the high court and can demand the refund of their hard earned money.
A ray of hope is alive for the buyers of unregistered property, both the government of India and the real estate regulatory authority (RERA) are working hard to resolve the complaints of buyers of unregistered property. An accurate and regulatory mechanism is being developed to tackle the problems against unregistered builders and developers in India.
Benefits of RERA Complaint
- Saves buyer’s time
Under RERA the need to go through lengthy and time-consuming judicial proceeding eliminates.
RERA ensures transparency in dealing with complaint and grievances. Also, the RERA complaint status is available on the website of each state.
- Buyers May Receive Compensation
In some cases builders ensures compensation to the buyers for their lack of commitment.
When to File a Complaint under RERA?
- Delay in Possession
- False Advertisement
- Advance Payment
- Improper Registration of the Project
- No Details About the Project
- Structural Defects
- Ownership Transfer
Procedure to file a Complaint under the RERA 2016
- Step 1
It is necessary for the person to visit the state’s official portal for the purpose of filing a complaint with the authority. The person needs to search for the page where he or she can file for the complaint.
- Step 2
The troubled person needs to click on the complaint registration link. Once you have clicked on the link, you will be redirected to the complaint form which that person needs to fill with all the required details of his or her complaint.
- Step 3
The person will also needs to submit his or her personal details such as the name, address, contact details, etc. The troubled person can also attach the supporting documents while filing the complaint.
- Step 4
Once the person has completely filled the form, you need to pay an amount prescribed for filing the complaint. To complete the process you can make use of the online payment method.
Rights of the Buyer under the RERA Act
Buyers enjoy the privilege of transparency in the area of measurements, project completion timelines, payment structure, penalties, and legal issues which are resolved under the provisions of the Act.
- The Clarity in Area Measurements
The builder is required to restate the price of the carpet area such as built-up, super built-up or PFS etc. This ensures consistency in the terms of price fixed by the builders.
- Claim Refund
Buyer has the authority to claim for full refund.
- Speedy Trial
It is necessary to put the adjudicating mechanism at right place for the purpose of speedy hearing.
- Financial Discipline
It is necessary for builders to keep 70 percent of the amount in one escrow account for each project. Moreover, if the builder is found guilty of using the funds of one project for another, he will be punished and even jailed for a maximum of 3 years.
After the order of the RERA 2016, the land purchasers are presently having a sense of safety and guaranteed. Further, according to this demonstration, both the builders and manufacturers of property must get their tasks registered under the state administrative authority of the concerned state. As, this will give the purchaser a perfect platform to watch out for the improvement of the under-construction undertakings and furthermore to document any grumbling if in the event that, they have any complaints either against the builder or developer or both. Moreover, some numerous developers and manufacturers have still not registered their activities under the arrangements of RERA till now. In this way, as an outcome, the purchasers of such business or private units in such undertakings are confronting various difficulties as they can't comprehend where they should take their grievances. In any case, after the execution of RERA Act, 2016, the purchasers, who are left with the unregistered undertakings, can either look for cure by documenting a criminal case or from filing a case in the customer courts against the manufacturer or developer of the unregistered venture.
Frequently Asked Questions
A complaint can be filed under Section 31 of RERA either with the Real Estate Regulatory Authority or the adjudicating officer. This complaint can be filed against promoters, allottees and/or real estate agents. Many state governments have laid out the procedures for filing applications under RERA.
BMRDA/BDA/DTCP are the only authority to approve your building plan (not your Gram Panchayat). The project is illegal if it does not have approval and OC.
The Real Estate Act makes it mandatory for all commercial and residential real estate projects where the land is over 500 square metres, or eight apartments, to register with the Real Estate Regulatory (RERA) for launching a project, in order to provide greater transparency in project-marketing and execution.
Failing to comply with the order of the Rera Appellate Tribunal is a punishable offence which can lead to imprisonment up to three years or fine which may extend up to ten per cent of the cost of the real estate project, as per section 64 of the Rera Act.
Builders have to update the status of their project development at every stage on the RERA website. This allows homebuyers to keep track of the progress of the project. More importantly, RERA has and continues to have a direct impact on the prices of homes and the home loan interest rates.
If such circumstances do arise, once you have told the builder that you will no longer be using their services, you can ask them for a refund for the parts of the work that were unsatisfactory, as well as claiming for any additional costs that you may have to pay to get another builder to fix their mistakes.
For any builder, RERA registration is mandatory if they plan to commence any construction or development of any residential or commercial project where the area of land proposed to be developed exceeds five hundred square meters or the number of apartments proposed to be developed exceeds eight inclusive of all phases.
Real estate regulation and development act 2016, RERA act is implemented in order to protect and maintain interest of buyers and to resolve the conflicts between builders and buyers. It is a central law which will be implemented by all states of India.
The Real Estate Regulation (and Development) Act, 2016 (RERA) came into effect on May 1, 2017. It aims to boost investments in the real estate sector and create a more transparent environment for property buyers by increasing the accountability of builders.
This agreement should be checked by an advocate, to verify whether it conforms to the RERA. The buyer should also check the date of possession mentioned in the agreement and the 'grace period', if any. Ideally, six months should be the maximum grace period, from the date of possession specified in the agreement.
As a formula: Floor Space Index = (total covered area on all floors of all buildings on a certain plot, gross floor area) / (area of the plot). FSI stands for Floor Space index.
RERA to restore trust of homebuyers. With the Real Estate Regulation Bill becoming an Act, it has boosted the morale and confidence of homebuyers and will also enhance the credibility of builders. It also ensures to protect interests of home buyers and brings in liquidity in the real estate sector.
According to estimates by real estate brokerage firm RE/MAX India, around two million real estate agents currently operate across India. Under the Real Estate (Regulation and Development) Act 2016 (RERA), which came into force on 1 May, all property brokers must register with regulators in their states.
- How many years have you been in business?
- Are you licensed (where required) and insured?
- How do you compare yourself to other builders?
- What type of new home warranty do you offer?
- Can you give me references from prior home buyers?