The Real Estate (Regulation and Development) Act, 2016 was implemented to safeguard the interest of home buyers who were defrauded and wronged by builders in India. Due to the number of increasing cases relating to builder-buyer disputes and illegal activities by the builder, it was felt necessary to lay down the mechanism to deal with complaints by buyers against builders. RERA was enacted to reduce the increasing cases of delayed possession, lack of amenities promised and other such violations of real estate laws in India.
Every State in India has the right to notify RERA and lay down its own rules for real estate projects in its territory. The registration process, establishment of RERA Authority complaint mechanism and appeal process are governed by the RERA rules of each state. However, there are certain states like West Bengal that are yet to enact RERA.
Complaint Against Builder In RERA
Any aggrieved person can file a complaint under RERA Authority or Adjudicating officer for any violation under the Act or rules. A complaint must be filed in the prescribed given the rules of the particular state in which the property is located. The complaint can be filed after paying the prescribed fees to the Authority. Every state has a different fee, for instance, UP RERA has INR 1000 and Maharashtra RERA has INR 5000 as complaint filing fee.
Grounds Of Filing A Complaint Under RERA
A complaint under RERA can be filed on any of the following grounds:
- Delay in flat possession.
- Layout changes without prior permission from the real estate buyers
- Extra money charged by the builder than the property rate.
- Lack of amenities promised to the buyers.
- Substandard quality of construction material used.
- Builder-buyer agreement violated.
- RERA Registration of project not done.
- Occupancy or Completion Certificate not obtained.
Contents Of RERA Complaint
The following particulars must be included in a RERA complaint:
- Particulars of the complainant and builder.
- Property registration number.
- Address details of the project.
- Statement of facts and the problem faced
- The relief and interim relief, if any.
Documents Required To File A RERA Complaint
The following documents are attached with the complaint under RERA to support the claim of the builder:
- Allotment Letter
- Payment Receipts given by builder
- Copy of cheques given to the builder
- Builder-Buyer Agreement
- Layout of the building with photographs
The complaint is evaluated by the Authority and is either accepted or rejected. A date of hearing is given to the parties upon approval of the complaint on which both the sides have to appear.
Arguments and evidence are presented and the home buyer can ask for a refund with interest or compensation from the builder. The complaint must be disposed of within 60 days of receipt by the authority and the reason for the delay is to be mentioned if the decision is not given within 60 days.
Appeal And Execution Of RERA Order
An appeal can be filed against the decision of Authority or adjudicating officer by any aggrieved person who is not satisfied with the order. Such appeal is filed with the RERA Appellate Tribunal within 60 days of receiving the order.
If the builder fails to comply with the order of Authority within 45 days, the home buyer has the right to file an execution application with the same authority that passed the decision.
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