Filing of Complaint Under Real Estate Regulatory Authority RERA
The government of India Drafted and enacted the RERA i.e., Real Estate (Regulation and Development) Act of 2016 to monitor all the processes and procedures involved in the process of buying and selling of real estate. It places various rules and regulations on the previously not regulated developers and builders who had it easy to commit fraud and other breaches against the customer o buyer. The main aim and objective of this Act is to promote transparent and with the enactment of this Act the loopholes and other misdemeanors in this real estate industry reduced greatly. To file for complaints under RERA the clients can consult the best lawyers in the field. Adv. Bindu Dubey is one of the experience property lawyer in Mumbai who has a clear knowledge of the laws and rules mentioned in the Real estate regulatory Act of 2016 and has the full ability to help the client and to suggest them the best possible measure to handle the case.
How to file Complaint under the Real Estate Regulatory Act of 2016?
There is a process as to filing for a complaint under the Real estate Regulatory Act of 2016.
- The first step is to directly apply the complaint to the respective authority i.e., the person who is filing the complaint should go to their respective state’s website and lodge the complaint. In the website they will have to search for the complaint portal.
- Second step after this is to choose the complaint link to register. The complainant will be directed to a form where they will fill the necessary details.
- Step three is where in the form the buyers will be asked to submit all their confidential details relating to the buying of the property including details like name, residential address, contact information and the details of the project purchased. They will also be asked to attach their documents at times.
- Step four is where the complainant will finish the process of filing the given online form. Here the person who is lodging the complaint will be mandated to pay an amount of Rupees Thousand for the filing of the complaint and at times rupees five thousand if the complaint has been directly filed before the Adjudicating officer. This payment of money will be done online.
All the state – owned regulatory administrations will have the form for filing complaint under RERA in their website.
When can a Buyer file complaint under RERA ?
The buyer or aggrieved party can register a complaint if their rights have been violated with respect to the provisions mentioned in the Real estate regulatory Act. There are few instances where the aggrieved party can file complaint under the RERA.
In cases where the builder delays in delivering the property to the buyer, here the buyer can file complaint under the RERA where the builder will then be mandated to hand over the property or refund the money paid by the buyer to the seller or developer.
In cases where it has been proven that the advertisements are false i.e., the developer promotes wrong advertisements and the buyer was led by such false promotions. Another case where aggrieved party can file complaint under RERA is when the buyer asks extra advance payment as the max advance that the developer or seller can claim is ten percent.
Improper way the builder does registration also can be complained to the Regulatory authority, if any developer is trying to promote or sell any un – registered property or building then the aggrieved party can file a complaint.
In cases where the buyer is not informed about the details of the project i.e., does not update the buyer about the plan or process of building from time to time.
Another instance where complaint can be filed under RERA is when the quality of the services of builder and developer reduces and here the developer will have to compensate for the faults if not complaint can be filed against the builder and developer. Any promoter will not have the power to completely change the rights to any third party. If they breach this then they will be liable under the RERA and be punished accordingly.
What are the Rights of a Buyer under RERA ?
There are few basic rights that the buyers have the power to by default under the RERA. First and foremost is the transparency i.e., they are entitled to know fully about the measurements, plan etc without doubt. They should know about the payments, penalties etc. the buyer is entitled to know the rate of the carpet area and not the whole built up space. The buyers can claim refund if they feel the developer or builder is not delivering the property on time, if not the builder will have to pay ten percent interest every month until handing over. The aggrieved parties have the full right for a speed and easy trial. In cases where it has been proven that the builders are using more than one escrow account for funding a single project then they will be held liable under RERA and punished accordingly.
There are various committees, authorities under this Real estate regulatory Act. They include RERA authority; RERA adjudicating officer and RERA appellate tribunal.
The RERA authority was established by the government to look into all the processes involved in real estate. This makes sure that all the builders are adhering to rules and being genuine.
The RERA adjudicating officer will be appointed by the central government. They will have the powers as mentioned under the Act. They will have the power to decide the penalties.
The RERA appellate tribunal has the authority to re – look into any order or petition again. They can revise the whole complaint as such. According to Section 44 of the Real estate Regulatory Act of 2016 the client can file for appeal against the RERA order.
The RERA Act has proved very effective in the field of real estate. It has highly regulated the way in which the buying and selling occurs and has brought in more ease for the buyers. To understand RERA better it is advised for the buyers to approach the best lawyers in the field. Adv. Bindu Dubey is one of the experience property law advocates who can help the clients with respect to any real estate disputes.