For everyone who has ever bought a property and had problems with delayed possession, non-refund for abrupt project termination, or if the builder started asking for more money than what was initially agreed upon, here is the comprehensive advice.
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RERA tackles all real estate-related issues, such as what to do if your home’s design deviates from what you were promised and what to do if a builder fails to give ownership on schedule. This article will deal with things related to filing RERA complaint.
For a very long time, the real estate industry was unregulated. Customers would have few options if they encounter delays. The bulk of clients was at the mercy of the builders because of the drawn-out legal processes. As a result of RERA, a suitable complaint procedure has been established. Buyers can do a RERA complaint against builders for any violation.
What is RERA Act:
The Real Estate (Regulation and Development) Act of 2016 (also known as the “RERA Act”) was approved in March 2016 and became effective on May 1. On May 1, 2016, only a few of the aforementioned Act’s provisions received approval. The full Act became effective on May 1st, 2017. The government created the RERA Act primarily to protect homebuyers and keep complaints against builders to RERA, who was quickly losing faith in the real estate industry. RERA complaint draft also functions as a high court or consumer court for the quick resolution of disputes.
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Applicability of RERA Act:
- Arunachal Pradesh, Meghalaya, Nagaland, and Sikkim are the four North Eastern States that have not yet notified the RERA rules, whereas 30 States and UTs have done so.
- The Real Estate Regulatory Authority was established by 29 States and one UT (Regular – 20, Interim – 09).
- Real Estate Appellate Tribunals (regular -13, interim – 09) have been established in 22 States/UTs.
- Under the guidelines of RERA, the regulatory authorities of 24 States and UTs have launched their websites.
- Thirty-three thousand seven hundred two real estate agents and 42,488 real estate projects have registered nationwide under RERA.
- West Bengal has approved the “West Bengal Housing Industry Regulation Act, 2017” as a separate Act.
- Gurugram has one regulatory authority, and the rest of Haryana has another.
- In the state of Jammu and Kashmir, RERA was not applicable.
Rights of Buyers:
The law grants home buyers the following rights:
- Transparency: The Act’s obligations will include openness regarding project completion dates, payment schedules, the penalty for delays, and judicial proceedings.
- The clarity in Area Measurements: When offering a price, the builder may not include other units, such as built-up, super built-up, PFS, etc., but only the carpet area. This ensures consistency in terms of the builders’ prices.
- Claim Refund: home buyers can obtain a full refund plus interest after the due date. The builder must pay 10% interest each month until the property is delivered if the buyer chooses to wait.
- Speedy Trial: An adjudicating system needs to be set up so that appeals and file complaints can be heard and handled quickly.
- Financial Restraint: For each project, builders must keep 70% of the funds in a single escrow account. The builder faces fines and a maximum of three years in prison if he is discovered utilizing funds from one project for another.
Read More: THE IMPACT OF RERA ON BUILDERS IN THE REAL ESTATE SECTOR OF INDIA
Forums Under RERA:
There are 3 forums –
RERA Authority:
The Central Government established the RERA Authority or Real Estate Regulatory Authority to control the real estate sector’s operations and uphold accountability and openness. It requires developers and promoters to provide all project information honestly and without making up anything. Acting on a prompt resolution of conflicts also serves the interests of the property buyers. All real estate agents must register with the RERA Authority and their real estate projects.
RERA Adjudicating Officer:
The Central Government appoints the Adjudicating Officer to execute the jurisdiction, powers, and authority granted by or under the Act. It also has the authority to grant relief in the following situations:
- Refund plus interest if an advertisement or presentation is fraudulent.
- Compensation for modifications made to the original design without the buyer’s prior approval.
- Compensation for any construction flaws, as well as any other workmanship, service quality, or other promoter-related liabilities.
RERA Appellate Tribunal:
Any ruling or determination made by the RERA Authority or adjudicating officer may be changed by the Appellate Tribunal. The Appellate Tribunal may also request the records necessary to resolve this appeal.
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How to File RERA Complaint Online:
Registration and Filling of RERA Complaint:
If a home buyer wants to file a RERA complaint against builder, they need to have the following information available as per RERA complaint format:
- Information like name, address, etc.
- The project’s registration number and the location’s address.
- The builder’s reaction.
- The relief that the house buyer is asking for.
Any breach or contravention of the RERA Act’s provisions by a builder, developer, promoter, or real estate agent may be reported by a buyer to the RERA Authority. A buyer must meet the following requirements to file a RERA complaint online:
- Delayed Takeover.
- Untrue advertising
- Payment in Advance.
- Incorrect project registration.
- No information regarding the Project etc.
- To complain, a homebuyer must submit a RERA complaint form along with the necessary payment.
- Usually, to complain, a homebuyer must submit a RERA complaint format along with the necessary payment. You can submit a complaint under RERA by following the instructions provided:
- Before a RERA or Adjudicating Officer, you can submit a RERA complaint form with the required supporting documentation and payment.
- After receiving the complaint, the authorities set up an inquiry bench to hear from both parties.
- Usually, the dispute is resolved within 60 days of the complaint being filed.
Checking RERA complaint status:
Now, one can ask how to check RERA complaint status. Talking about how to check RERA complaint status online, you can visit the official RERA website of your state and quickly check the status of a RERA case if you want to check the status of a complaint on a particular time limit to be informed of pertinent updates. After regularly checking the RERA Complaint Status, you can obtain the information.
RERA Complain in the Different States of India:
All State-owned regulatory agencies have posted the RERA complaint form on the website. The RERA complaint against the builder can be submitted online.
- Karnataka:
To file a complaint under the Karnataka RERA, you must complete “Form N.” For submitting a complaint with the Karnataka regulatory authority, the price is Rs 1,000, and the fee for the Appellate Tribunal is Rs 5,000.
- Odisha:
To file a complaint under the Odisha RERA, you must fill out the form and send it along with a fee of Rs. 1,000 to the regulatory body.
- Maharashtra:
Via Notification No. 23, dated March 8, 2017, the Maharashtra State Government formed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to regulate and advance the state’s real estate market. You must first register as a new user on the MahaRERA website before you can submit a complaint against any of the state’s registered real estate projects or agents or a complaint against the builder. The of filing RERA complaint in Maharashtra is Rs 5,000. The payment can be made through the NEFT or RTGS systems.
Only real estate projects or agents registered under MahaRERA may be the subject of a complaint. If your project is not included in MahaRERA, you can contact the source information with the relevant information.
Before filing the complaint, the complainant must have the following information (documents) available:
- Facts of the Case.
- Relief(s) sought Given the facts.
- Interim order.
Filing RERA complaint in Maharashtra
- For registration on MahaRERA, the complainant must have both a mobile number and an email address.
- Visit the RERA portal for Maharashtra. Select the Online Application Menu from the homepage.
- The online complaint form cannot be accessed without first logging in. As a result, the complainant must register again using the proper username and password.
- After registering, the complainant must submit his or her personal information to continue with the complaint.
- The complainant should locate and choose Add New File complaints after giving all necessary personal information. The complainant could enter all the necessary information about the complaint here.
- The complainant must pay a registration fee of Rs. 5,000 to effectively file the complaint.
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When to File RERA Complaint:
A buyer may notify the RERA Authority of any violation or infringement of the RERA Act’s requirements by a builder, developer, promoter, or real estate agent and can give a complaint against the builder.
Benefits and Limitations of Filing Complaint Under RERA:
- The main objective of RERA is to safeguard consumers from unethical building practices. RERA establishes real estate development and construction standards that will improve the transparency of transactions in the sector.
- Transparency in the real estate industry is ensured.
- Creating a dispute resolution process for a swift resolution.
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Limitations:
There are few limitations for filing RERA complaint as mentioned below –
- The new bill’s rules and restrictions do not apply to ongoing real estate projects or initiatives hampered by clearance concerns.
- The timely distribution of items may be hampered by government agency delays in clearance and approval as there is no mentioned time limit.
- Small developers with real estate projects smaller than 1000 square meters are not subject to the provisions of this legislation and therefore are not required to register with the regulator.
Conclusion:
In conclusion, the Real Estate Regulatory Authority (RERA) is an essential institution that helps protect the rights of property buyers and ensures timely completion of projects. By following the step-by-step guide outlined in this blog post, you will be able to file a complaint with RERA effectively and efficiently, and be on your way to resolving any issues you may have with your property.
Remember, it’s important to be informed of your property buyer rights and take action when necessary. RERA-lize your rights and take the necessary steps to ensure a smooth and satisfactory real estate experience.
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Frequently Asked Questions:
- What does RERA mean?
The Real Estate (Regulation and Development) Act, 2016 was passed by the Indian Parliament (RERA). The RERA strives to support investment in the real estate market while also defending homebuyers’ rights. The Lok Sabha adopted the RERA law on March 15, 2016; the Rajya Sabha did so on March 10, 2016. Afterward, the law came into force on May 1, 2016.
Even though 59 of the 92 sections were notified on May 1, 2016, the remaining clauses began to apply on that day. State governments are required by the Act to declare their regulations under the Act based on the model rules provided by the central Act.
2. What is the purpose of RERA?
The Real Estate Regulatory Authority (RERA) Act, which went into effect on May 1st, 2017, was designed to safeguard the rights of home buyers in the real estate industry and to create a framework for quick dispute resolution.
3. What is RERA approval?
RERA authorized typically refers to RERA registration. Every builder must go by a few rules to register their project with the appropriate authorities. This covers things like permits, land titles, insurance, etc.
