RERA COMPLAINT

The Real Estate (Regulation and Development) Act, commonly known as RERA, was enacted by the Indian government in 2016 with the goal of regulating the real estate industry and safeguarding the rights of those purchasing homes.

WHAT IS RERA COMPLAINT?

A complaint under RERA is a legitimate grievance that a homebuyer or any other concerned party in the real estate industry can register against a real estate agent, builder, or developer for violating the terms and conditions stipulated in the Real Estate (Regulation and Development) Act.

Instances of grievances brought against RERA may encompass failure to hand over property possession within the agreed upon timeframe, inaccurate project information representation, construction delays, unauthorized alteration of project plans, deviance from authorized project plans, or any other defiance of the established RERA laws and guidelines.

You can submit a complaint to your state’s Real Estate Regulatory Authority (RERA) either online or in-person. To file a successful complaint, you must provide supporting documents and evidence for the claims within the timeframe outlined in the RERA guidelines.

After a complaint is lodged, the RERA organization will conduct an investigation and aim to resolve the disagreement by using mediation or conciliation. In the event a solution cannot be reached, the RERA has the authority to give an order or direction to the developer or agent to follow the guidelines of the Act. Additionally, the RERA has the ability to punish or initiate legal action against those discovered to have gone against the Act.

ELEMENTS OF RERA COMPLAINT?

To ensure a RERA complaint is successful and can be acted upon, it must include specific necessary components. These essential elements consist of various factors such as:

Information about the person lodging the complaint, such as their name, address, and contact information, should be provided in a clear and precise manner.
Information about the developer or agent who is the target of the complaint, such as their name, address, and contact information, must be provided.
The specifics of the project need to be outlined, including the title and whereabouts, along with information about the property that the individual has reserved.
Reasons for complaint: The reasons behind filing the complaint must be expressed explicitly, including issues like postponed possession, departure from the initial project plans, and misrepresentation of information.
It is recommended to include any relevant supporting documents, such as the agreement, payment receipts, project plans, etc., along with the complaint.
The individual filing the complaint should explicitly explain what type of remedy they are requesting, such as reimbursement of payment or compensation for any delays.
The complainant must sign and confirm the complaint, affirming that the information provided therein is accurate and true as far as they know.

To comply with the guidelines set by RERA, it is crucial to file a complaint within the specified time limit. It is recommended to prepare a complaint that is brief and precise, emphasizing significant matters and presenting substantial proof in support of the accusations.

HOW TO MAKE RERA COMPLAINT?

In case you are a purchaser of a property or have an interest in the real estate industry and wish to file a grievance against a developer or an agent for any act of breaking the Real Estate (Regulation and Development) Act (RERA), you can take the following measures:

Acquire the required paperwork: Compile all papers regarding the estate, including the contract, receipts of payment, designing schemes, among others, to substantiate your grievance.
Determine the applicable governing body: Determine the specific state’s Real Estate Regulatory Authority that oversees the project and the appropriate place to file a complaint. The RERA website of the state can be consulted for further guidance or legal counsel can be sought to ascertain the relevant authority.
Sign up for the RERA portal: Create an account on the RERA portal for your specific state by providing your email address and mobile phone number.
To lodge a complaint, log in to the portal and provide all required details including project and developer information, reasons for complaint, and any supporting documents.
Remit the charge: Submit the essential payment as stated by the RERA entity.
To file the complaint, you must include the necessary supporting documents as well as pay the fee.
Please wait for a response: After submitting the complaint, the RERA authority will examine it and send a notice to the developer or agent, requesting them to reply within a specific period of time.
Be present at the hearings that have been arranged by the RERA authority according to the given schedule and furnish any further details or proof that might be necessary.

It is crucial to comprehend that the procedure for submitting a RERA grievance may differ among different states. Therefore, before initiating the complaint, it is advisable to acquaint oneself with the particular regulations and guidelines of their state.

COST AND TIME INVOLVED:

To register a complaint with RERA in India, one has to pay a fee that differs from one state to another. The amount of the fee may range from a few hundred to several thousand rupees. The time taken to settle a RERA complaint is dependent on its intricacy and the efficacy of the RERA governing body. But it is obligatory for the authority to resolve the grievance within 60 days of lodging, subject to a possible extension of 30 days, as enforced by the RERA Act.

ADVANTAGES OF RERA COMPLAINT:

The Real Estate (Regulation and Development) Act (RERA) aims to safeguard the welfare of homebuyers and regulate the real estate industry in India. Filing a RERA complaint has certain benefits, such as:

RERA offers a clear and simplified approach for settling conflicts between developers and homebuyers, which is open and easily understandable.
Fast solution: RERA requires that grievances be resolved within a defined timeframe, thus guaranteeing a prompt conclusion.
The aim of RERA is to safeguard the interests of buyers by preventing unethical practices by developers and ensuring that they follow regulations and complete projects within the committed deadlines.
Homebuyers can seek compensation for any losses caused by the developer through a legal process by filing a RERA complaint. This provides them with a legal recourse.

DISADVANTAGES OF RERA COMPLAINT:

There are several drawbacks to submitting a RERA complaint:

Complicated and time-consuming procedure: The act of submitting a complaint to RERA can be complicated and time-consuming, requiring paperwork, attending sessions, and ensuring continuity.
The cost of submitting a complaint to RERA may be expensive for certain individuals.
There is no assurance for a favorable result: Registering a complaint with RERA does not ensure a victorious conclusion. The claimant needs to furnish proof and paperwork to corroborate their argument.

In India, there are various laws and regulations that must be followed when filing a complaint with the Real Estate Regulatory Authority (RERA):

There are certain legal obligations and regulations that must be followed when filing a complaint with RERA in India.

According to the RERA regulations in each state, it is necessary to submit the complaint within a particular period of time.
The RERA authority requires the complaint to include complete information, supporting papers, and the correct fee.
The RERA governing body needs to ensure that the grievance is authentic and comes within its lawful jurisdiction.
In case of any violation of the Act, developers can face penalties or criminal proceedings initiated by the RERA authority.
The person making a complaint has the right to challenge the decision of the RERA authority by going to the relevant appellate tribunal.

CONCLUSION:

RERA has played a significant role in making the real estate industry in India more clear and answerable. In order to address their problems with developers, submitting a complaint to RERA can be a practical alternative for homebuyers. However, the process of submitting a complaint can take a significant amount of time and its success is not guaranteed. Complainants need to make sure they have all the necessary paperwork and evidence to support their case, and they must adhere to the rules and legal obligations for submitting a RERA complaint. In conclusion, RERA serves as a means of safeguarding the interests of homebuyers and promoting an honest and clear real estate industry in India.