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RERA Complaints: Safeguarding Your Real Estate Interests in 2024
Updated : November 21, 2023
Author :
kruthi
Table of Contents
Owning a house is a common dream, yet the journey to homeownership can be riddled with complications. To streamline this process and protect buyers, the RERA Act was introduced in 2016. RERA, or Real Estate Regulatory Authority, is a government initiative ensuring transparency and credibility in the real estate sector.
Established due to dwindling trust in realty dealings, RERA mandates each state to maintain its official website. This platform highlights specific state real estate laws and provides avenues for speedy grievance resolution.
If homebuyers encounter discrepancies between promised offerings and actual deliverables, they can lodge an RERA complaint via the state's site. This article delves into the official websites and the complaint process.
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Filing a Case under RERA
Who Can File a RERA Complaint?
Homebuyers can file a RERA complaint against a builder, developer, promoter, or real estate agent for any violation or contravention of the provisions mentioned under the RERA Act. It is a convenient and hassle-free way to seek redressal for any grievances related to the property.
Any home buyer can file a complaint if:
- The handover of the possession is delayed
- The quality of construction is poor
- There is low ventilation on the property
- The maintenance cost charges are too high
- There are some unsettled claims to the property
- The developer/builder is refusing to hand over the cost plan regarding spending on the property to the buyer
RERA case filing is usually done for two specific reasons. It is either to claim interest on delayed possession or to withdraw from the project. Then the builder refunds the amount already paid with the appropriate interest amount.
Execution under RERA
Section 40 of the RERA Act describes how the judgement passed by the RERA authority or the Adjudicating officer will be executed. If the developer defects from complying with the orders of the RERA tribunal ( which either includes monetary compensation or interest paid on delayed possession), this amount will be recovered from the developer as arrears inland revenue. The affected person can file an execution application to enforce the execution of the Tribunal's orders.
On application, a hearing is held wherein if the opposite party gives justifiable reasons for non-compliance, then there is a consideration. Otherwise, it would enforce the collection of land revenues via collectors and issue a Recovery Certificate( RC). There is no fixed execution application fee since it varies from state to state.
How to lodge a builder complaint in RERA?
Follow these few steps to register your RERA complaint successfully.
- First, visit the state's official RERA website. Now search for the complaint registration page of the site.
- Click on the page or the link of complaint registration, wherein you will be redirected to a RERA complaint form. Here you must fill in all the required details about your complaint.
- Please note that you will have to furnish some personal information like name, address, contact number, etc. and supporting documents. This is to verify the authenticity of the complainant.
- Once the form has been duly filled, you can file a complaint by paying Rs 1000. If you complain to an Adjudicating officer, you need to pay Rs 5000. You can complete this transaction online efficiently.
RERA complain format
Here is a RERA complaint form sample for your reference.
The RERA (Real Estate Regulatory Authority) complaint procedure and the specific form to use vary from state to state in India. Each state (and Union Territory) has its own RERA website where they provide details about filing complaints, including the appropriate forms and the documentation required.
| State/Union Territory | RERA Complaint Form |
| Karnataka | Form N |
| Delhi | Form M |
| Andhra Pradesh | Form M |
| Bihar | Form M |
| Gujarat | Form A |
| Uttarakhand | Form M |
| Madhya Pradesh | Form M |
| Rajasthan | Form N |
| Haryana | Form CRA |
| West Bengal | Form M |
| Telangana | Form M |
| Chhattisgarh | Form M |
| Andaman & Nicobar | Form M |
| Dadra and Nagar Haveli | Form M |
| Odisha | Form VI |
| Uttar Pradesh | Form M |
| Himachal Pradesh | Form N |
| Punjab | Form M |
| Tamil Nadu | Form M |
| Jharkhand | Form N |
Do you know your RERA complaint status?
Each state has their own designated RERA website wherein you can check both your RERA approval ( for projects) and RERA case status. It is a mandatory requirement for all states to have their dedicated RERA portal, as mentioned in the Real Estate( Regulation and Development) Act, 2016.
Pending cases under the NCDRC
Earlier, if any case is pending in the National Consumer Disputes Redressal Commission, the aggrieved party cannot apply to RERA with the same complaint. This is because the RERA Act doesn't have any such provisions for transferring pending real estate cases to the RERA authorities. However, one can apply with the same complaint once the RERA passes its judgement and the aggrieved party is not satisfied.
The time frame for dispute resolution under RERA
As mentioned in the RERA guidelines, once an aggrieved party files a complaint to the rera authority, it should be disposed of within 60 days from filing it. The RERA conciliation forum has been instrumental in resolving home buyers' grievances fast and efficiently. This helps save the money and time that gets wasted on litigations.
The benefits of filing a case under the RERA
RERA has been developed keeping in mind the home buyers. Therefore, all guidelines and regulations have been set up to completely protect the buyer's interests. These are some of the benefits of filing a complaint under RERA:
- Builders and real estate agents are obligated to fulfil all their promises in their respective contracts. Non-compliance to this can result in agents losing their licence or their eligibility to transact in such property deals.
- All RERA complaints are addressed with sincerity and use the FastTrack method to address grievances as quickly as possible.
- Once a buyer receives a grievance redressal against a particular buyer, it also alarms the other buyers transacting with the same builder/agent.
- Since RERA solely deals with real estate issues and complaints, RERA has been helpful to buyers in providing foolproof solutions to property grievances.
Homebuyers are free to approach consumers for a dispute, RERA, rules SC
In a benchmark ruling on November 2, 2020, the Supreme Court ruled that an aggrieved home buyer can approach RERA and the Consumer Court with their complaints. In an earlier case, many developers complained that the customer could not file the same complaint with these organisations. However, this was ruled out, and it was mandated that home buyers are given the choice of filing complaints under the RERA Act or the Consumer rights Act.
RERA and grievance redressal mechanism
Now that you know how to file complaints against a builder in RERA, let's see how the complaint redressal mechanism works.
- First of all, the home buyer needs knowledge of the jurisdiction their complaint belongs to and the proper authority to seek help. You can file a complaint in any Indian state to the State Tribunal, any RERA authority or Adjudicating Officer.
- Each state has their utility( offline/online) regarding complaints submission.
- The complaint should have all the required details about the transaction, including the full details of the parties involved.
- The authority then issues a RERA complaint number to the complainant so that they can track the progress in the case.
- The complainant is then called and given the complete set of document copies required. These documents should also be provided to the other party concerned.
- The builder or the other party is then required to file a response to the complaint that has been raised.
- The respective authority is now responsible for mandating the builder's actions or what the other party should do. On non-compliance with this order, the person can be charged with a hefty monetary penalty or imprisonment.
You must have a clear idea about how you file a RERA Complaint. You can apply online or approach the RERA authority of the jurisdiction where the property in question is situated. Need more house-buying tips? Take a look at our blog section. If you need help with filing a complaint, NoBroker legal experts would be happy to help!
FAQs
A1- Yes. You can file a complaint against unregistered projects under Form 'A' of Section 31 of the RERA Act, 2016. The complainant should provide all the details of the project in question including the registration number of the project, builder or developer and also all details against the individual against whom the complaint is made.
A2- While complaining, you will need documents supporting the full details of the transaction and the personal details of both parties involved.
A3- Wondering how to file a case in RERA? You have to visit your state’s own RERA online portal or approach the RERA authorities under the jurisdiction your property is located. For example, a builder in Pune will be answerable through the RERA complaint Pune
A4- The aggrieved allottee has all the rights to move to the Consumer fora even after RERA.
A5- For online complaints, one needs to pay Rs 1000. But once the objection is raised before the Adjudicating Officer, the complaint registration fee is a whopping Rs 5000.
A6- To file a complaint against a builder in consumer court in India, you need to approach the Consumer Court and file your petition, which should contain precise details of the builder, yourself, builder-buyer agreement, proof of payment, your particular grievance, property details, and the type of compensation you are seeking. You also need to pay a court fee, which ranges from Rs 100 to Rs 5000 depending upon the value of the claim.
A7- The important details that you need to provide while filing a complaint against a builder in consumer court in India are:
Name and address of the consumer
Name and address of the builder
Location, time, or any other fact related to the complaint.
A8- If the builder does not respond to your notice, you can file your complaint in the consumer court. You can also contact ICRPC if you need to help sending notice and filing the complaint against the builder in the consumer court.
A9- You can file a complaint against a builder in consumer court in India if the builder has given you deficient services regarding the following:
Builder charged higher than the agreed amount.
Builder did not give a receipt against the paid amount.
Builder delivered poor-quality construction.
Builder delivered a house that does not comply with the specifications agreed upon.
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