rera-compaint

RERA COMPLAINT

The Real Estate sector’s residential and commercial subdivisions is protected by the Real Estate Act (Regulation & Development), 2016 which is popularly called RERA. The RERA Act aims to protect the rights of the consumers. The objectives of RERA are to promote uniformity and standardization of business practices & transactions in the real estate industry in India. RERA also wants to balance the interest of buyers and promoters by imposing certain set of duties on both concerned parties. RERA wants to establish uniformity of information between a buyer and a promoter. If a buyer’s rights are violated or any provisions of the Act are comprised by a builder/agent/developer, a RERA complaint can be filed against them.

REAL ESTATE REGULATORY AUTHORITY
The Real Estate Act has provision for the establishment of a specialized body in each state for resolution of any dispute regarding real estate. The aggrieved party, which could be the buyer/agent/promoter can file a RERA complaint online for violation of the provisions of the Act/or for the non-performance of obligations mentioned under the Act before the official authority. Once the violation has been proved, the said authority has the power to impose penalties against the defaulting party.

BENEFITS OF FILING A RERA COMPLAINT

  1. The buyer doesn’t have to undergo a long judicial proceeding before the consumer forum to file a complaint against the builder
  2. The adjudication process is well in place to deal with the RERA complaint against a builder
  3. The transparency while dealing with a RERA complaint, and the RERA complaint status have been provided on the dedicated RERA website for each state
  4. A RERA complaint against a builder goes a long way, in providing compensation by the promoter to the buyer for any delays in giving possession
  5. A RERA complaints has a speedy and expeditious disposal rate

WHEN CAN ONE FILE A RERA COMPLAINT
The Real Estate Act imposes lots of obligations on the promoter and the buyer. When such an obligation is breached by either party, the Authority will either Suo moto on his or her own/ or on a complaint filed on this behalf, initiate proceedings against the said defaulter.

THE OBLIGATIONS OF THE PROMOTER

  1. The promoter must not advertise/market/book/sell their real estate project unless it is having been registered with the Real Estate Regulatory Authority
  2. The promoter must not give any false information in their company prospectus/ advertisement/notice about the real estate project
  3. The promoter must hand over the possession of the developed project on the date that was promised
  4. At the time of booking, the promoter must make available to the buyers, the information in regards to the approved and sanctioned layouts plans, as approved by the official authority, the slab wise time schedule for the completion of the project, the provisions for civic infrastructure etc
  5. The promoter is responsible to get the completion and occupancy certificate for the project
  6. The promoter is responsible to provide and maintain the essential services on a reasonable charge, till the association of buyers takes over the maintenance of the project
  7. The promoter is responsible to pay all the outgoing charges from the amount, which he or she have received from the buyers, for the above said purpose till he or she transfers the possession to them
  8. The promoter is liable for any structural defects, or any other defects in the overall quality, or the provision of services, or for any breach of obligation provided under the agreement of sale, if it is brought to the notice of the promoter by the buyer within five years, from the handover of the possession. The promoter must rectify the defect within thirty days at his or her own cost.

THE OBLIGATIONS OF THE BUYER

  1. It is compulsory for a buyer to make timely payments to the real estate developer as per the agreement for sale. He or she will also have to pay their share of registration charges, municipal taxes, maintenance charges, ground rent, electricity charges, water supply charges etc
  2. Once an occupancy certificate has been issued by the real estate developer, the buyer must take possession within two months’ time
  3. If a buyer is unable to make timely payments for his or her purchase, he or she is required to pay interest at the prescribed rate.
  4. It is mandatory for a buyer to actively participate in the formation of an association, a cooperative society or any federation of consumers.
  5. The buyer must participate in the registration of the conveyance deed of the unit

DIFFERENT KINDS OF RELIEF GRANTED TO HOME BUYERS

  • The compensation for the loss that has been suffered by a home buyer
  • The return of the entire investment to the said home buyer

Apart from this, the promoter will also be punished with financial penalties and even imprisonment in some cases

DOCUMENTS NEEDED TO FILE A RERA COMPLAINT

  • The name of the complainant with complete address, email id and phone number
  • The name of the builder/promoter/developer
  • All the facts to be mentioned in brief
  • All the documents needed as proof, such as the agreements entered/mail transactions/letters exchanged/ Legal Notices sent have to submitted
  • The payment of INR 1000 as a fee in all states except Maharashtra and Goa where it is INR 5,000 must be paid

TIMELINE TO RESOLVE A RERA COMPLAINT
The general time it takes to resolve a RERA complaint is 60 days as per the Act. However, in certain circumstances, the adjudicating officer can record the reason for adjournment and extend the time period.

FAQS ON RERA COMPLAINT ONLINE

SINCE WHEN HAS RERA BEEN APPLICABLE?

The RERA (Real Estate Regulation & Development Act) got the Gazette Notification in March 2016. The implementation for RERA was done in every State & UT in a phase-by-phase manner. As mentioned in the Act, every State/UT needed to frame its own rules within 6 months of adopting the Act. It also needed to notify its own RERA authority within 1 year. Specific compliance provisions can need some time before they are implemented. However, general compliance provisions for developers/builders must be applicable immediately after the Act has been adopted.

DOES RERA COVER COMMERCIAL PROJECTS

RERA covers all commercial projects, such as commercial buildings, shops and offices.

CAN A RERA COMPLAINT BE FILED AGAINST EXISTING PROJECTS?

As per section 3(1) of the Act, all ongoing and existing projects, which have not received occupation or completion certificate, will be covered under the Act. All Builders and Developers must register such projects under RERA, within three months of implementation of the Act.

Once you get in touch with us at ACE ALLIANCE with your request to create a RERA complaint, we will start the process. After our team receives all the details, our expert team of lawyers and attorney will create the RERA complaint and send it across for your reference within 2- 3 business days. The price you pay for these services will includes three rounds of iterations. Therefore, if you need any changes done to the RERA complaint, our team of lawyers at ACE ALLIANCE will do the needful.