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When And How To File A Complaint Under RERA

Posted on August 23, 2022December 19, 2022 By ELXiOYXt No Comments on When And How To File A Complaint Under RERA
RERA Complaint

A legal body that deals with real estate matters is the Real Estate Regulatory Authority. It provides assistance to home buyers while ensuring clarity in the deal transmission to developers. A major goal of RERA is to increase investment in the real estate sector. On 1st May 2016, the RERA Act went into effect. A complaint can be filed with RERA over housing disputes under Section 31 of the RERA Act 2016. Here is more information on when and how to file a complaint under RERA.

Home buyers are often scammed by builders because they are not provided with what they were promised. Complaints may be filed with RERA by those seeking help from the relevant authority. RERA complaint registration must follow the outline recommended by the respective state government. RERA may be notified in case of a breach of any provision. 

When to File a complaint with RERA?

If home buyers feel that any of the Act’s provisions have been violated, they can file a RERA complaint. Buyers can file a case against promoters, dealers, or developers. Under RERA Act 2016, buyers are entitled to the following provisions:

  • Obtain information regarding the sale of a plot or apartment.
  • An acknowledgement of the project’s stage-wise schedule and how long it will take to complete.
  • A complaint can be filed against any promoter on the basis of possession of the apartment, building, or plot.
  • A breach of any provision will result in the allottee receiving a refund of the sum along with interest as compensation.
  • Documents and plans are required. 

File a complaint with RERA

According to section 31 of the RERA Act 2016, the buyer has the right to file a complaint with RERA or with the adjudication officer if any of their rights have been violated. In the event of an infringement of the rules, buyers can file a complaint against: 

  • Promoter
  • Builder 
  • Real Estate Agent
  • Contractor
  • Intermediary

The person will be penalized if found guilty of violating any of the provisions of the RERA act. Penalties would be severe for non-compliance with the following:

  • The RERA Act
  • Orders
  • Directions from the RERA
  • RERA Tribunal
According to the RERA tribunal, the following actions are prescribed in the event of a violation:
  • Any project that does not register with RERA will be subject to a heavy fine which may amount to 10% of the estimated cost, as determined by the Authority. In the event that the promoter fails to adhere to the penalty, he or she may be imprisoned for up to 3 years. RERA may impose both at times.
  • Promoters who provide false information to regulatory authorities will face penalties up to 5% of the estimated construction costs.
  • RERA may impose a cumulative penalty of about 5% of the cost of construction of the building, plot, or apartment if the promoter does not comply with the Act.
  • It is possible that the promoter may be sentenced to imprisonment up to one year if there is a conflict with the Appellate Tribunal.Additionally, the promoter may have to pay for the recurring default calculated on a daily basis. Depending on the cost of the plot, apartment, or construction of the building, it could amount to 5%.

How to File a complaint with RERA?

When filing a complaint with RERA, the buyer is required to provide the following information.

  • Name, address, and other details about the applicant.
  • In the form, the registration number and address of the project must be mentioned.
  • There must be a detailed statement in the form regarding the project’s claims and facts.
  • This is the developer’s response.
  • The RERA Authority has been requested to provide interim relief.

The buyer must initiate the RERA proceedings to claim compensation from the promoter. The RERA complaint form must be accompanied by a prescribed fee. It is important to note that the fees vary from one state to another. 

In order to file a complaint under RERA, you must follow these steps

The complainant must follow these steps to get a RERA complaint registration.

Step 1

An RERA complaint by a distressed home buyer can be filed with all necessary documents and forms. A complaint may be filed with RERA or with an adjudicating officer.

Step 2

Consumer grievances will be heard by either a single bench member or any other member of the authority, at the sole discretion of the concerned authority.

Step 3

The regulatory authority holds an inquiry bench after receiving the complaint, giving the involved party a fair chance to explain their side.

Step 4

A complaint must be resolved within 60 days of receiving the application. In order to seek interim relief, the adjudicating officer would handle the case efficiently and as quickly as possible.   

Many states now provide buyers with a convenient way to comply with RERA without submitting hardcopies of documents. RERA forms can be submitted online on state-specific RERA websites. RERA complaint status can be checked online by the complainant. Informed parties will be notified through their registered mobile numbers. To ensure faster resolution, the complainee should register his complaint with RERA in accordance with the provisions and guidelines provided by the state Real Estate Regulatory Authority. 

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Tags: rera complaint rera complaint format rera complaint online rera complaint status

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