RERA Complaint

Filing a RERA complaint is now very convenient and simple. Buying a home is a very basic activity that everyone has done once in their life. The home-buying process itself can be fraught with problems. To address all these issues, the RERA Act came into effect in 2016.

In many other terms, RERA, or the Real Estate Regulatory Authority is a government-led body that protects the rights of home buyers by enforcing real estate regulations. It was founded as home buyers lost faith in the real estate industry in the early days.

Each state, as required by the RERA Act, runs its own RERA website which highlights all its real estate regulations (including the designated state RERA authority) and provides prompt complaint-handling facilities.

When there is a mismatch between what the client was told and received, the home buyer can file a complaint by contacting the individual state's RERA site.

Execution of RERA Complaint

Section 40 of the RERA Act explains how the decision of the RERA Authority or Adjudicating Officer shall be carried out. But the information regarding RERA how it works? So many people don’t know about RERA.

It is very necessary to know about RERA. If the builder fails to comply with the orders of the RERA Tribunal (which may include financial compensation or accrued interest on delayed occupancy), the money will be collected from the builder as arrears of Inland Revenue. An aggrieved person can submit an enforcement application to enforce the orders of the Tribunal.

Upon request, a hearing is scheduled and consideration is given if the opposing party provides legitimate reasons for non-compliance. Alternatively, it will implement land government revenue through the Collector and issue a recovery certificate. The application fee for implementation is not fixed as it varies from state to state.

Filing Procedure of Complaint in RERA Step by Step

By launching official RERA websites, various state governments have made the process of filing a complaint under RERA simpler and more hassle-free. Any home buyer can file RERA complaints online on the website by filling out the form and paying the registration fee.File a complaint under RERA as per the following basic procedure.

• Complaint Registration

To file a complaint with the authority, the complainant must visit the official website of the state. On the portal, find the 'Grievance Registration page. For example, on the Maharashtra RERA website, home buyers can register their complaints by clicking on the link under 'Grievance Registration' next to 'Agent Registration'.

• Enter the Details

Click on the Complaint Registration link. You will be taken to the complaint form where you need to fill in the complaint details.
While filing a complaint, home buyers will be asked to submit their details including name, address, contact details, and project details. The complainant can also attach supporting documents.

• Payment of Fees

Once the form is duly filled, the complainant has to pay Rs 1,000 for filing the complaint or Rs 5,000 in case of filing the complaint before the adjudicating officer. An online payment mode is also available to complete the transaction.

RERA Complaint Registration Procedure in Detail

If a home buyer wants to file a complaint against the builder, they must have the following details:

• Details like name, address, etc.
• Project registration number and address where it is located.
• Builder's Response.
• The concession that homebuyers are requesting.

A buyer can file an online complaint against the violation or violation of the provisions of the RERA Act by the builder, developer, promoter, or real estate agent. Following are the conditions for buyer to file a RERA complaint

• Delay in Possession

If a builder delays possession of the property, the buyer can file a complaint against the builder for immediate possession or a full refund with interest.

• False Advertisement

A complaint can be filed against the developer, promoter, and endorser if the buyer is misled by the false advertising based on which he/she decided to deposit the amount with the promoter.

• Advance Payment

A builder can ask for only up to 10% of the cost of the building, apartment, or plot as advance payment. If a builder asks for more than 10%, the buyer can file a complaint against the builder.

• Improper Registration of Project

All projects must be registered under RERA. If a builder sells or tries to sell an unregistered project, the buyer can file a complaint against the builder.

• No Details about the Project

All details related to the project including the project plan, layout, and government approvals need to be updated on the RERA website. A builder or developer can file a complaint if they do not comply with this provision.

• Structural Defects

In case of structural defects in workmanship and quality of services, the Promoter has to compensate the amount paid by the Allottee. If compensation is not received, the buyer can file a complaint.

• Transfer of Ownership

The promoter cannot transfer the majority rights to any third party. A person can file a complaint if he/she is found transferring the majority rights to a third party without the consent of a two-thirds majority of the allottees.

Generally, a home buyer has to fill out the RERA form along with the required fee to register his/her complaint. On the internet, you can get the RERA complaint format as state wise for reference. You can follow the given stages to file a complaint under RERA

• You can submit the complaint form along with the necessary documents and fee to RERA or Adjudication Officer.
• When the authorities receive a complaint, they constitute an inquiry bench to hear the arguments of both parties concerned.
• Generally, the case is disposed of within 60 days from the filing of the complaint.

Checking Procedure Complaint In RERA Status

Filing a complaint against RERA is just the beginning and you have to follow it up to get results. Get the status of your complaint

• You can visit the RERA website of the respective state and click on the complaint status link. Most states now provide facilities to check RERA complaint status online. It is important to note here that if you have an existing case against the developer in National Consumer Disputes Redressal Commission (NCDRC) or consumer court, you are not allowed to complain under RERA.
• As per RERA Act, complaints are required to be redressal within 60 days from the date of filing. In case of delay, the home buyer has to be informed, along with valid reasons for the delay.
• Checking the complaint status whenever action is taken by the RERA authority can help you to take timely action.

Complaint of RERA Against Builder

The main question that arises in RERA is, How to check RERA complaints against builders?RERA imposes certain restrictions on the builder or developer. As a home buyer, you have certain rights under RERA. If the builder fails to fulfill his obligations or violates your rights, you can file a complaint against the builder.

Under RERA, a home buyer, apart from the builder, can file a complaint against the following:

• Promoter
• Real estate agent
• Contractor
• Intermediary

If any of the above are found guilty of violating RERA, they will have to pay a hefty fine. Major penalties under RERA are:

• Failure to register under RERA can result in a hefty fine of up to 10% of the estimated cost of the project or imprisonment of up to 3 years. Sometimes, RERA can impose both imprisonment and fines.
• A penalty of 5% of the estimated cost of construction is levied for furnishing false information.

Hence builders, promoters, real estate agents, etc., may face heavy fines if they do not comply with RERA. For any query, you can dial the RERA complaint number of that particular state.