Complaining about real estate defaults such as delayed possession and property fraud is now easier and less stressful than ever, thanks to digitalisation. Complainants can easily take the defaulting builder to court without needing a lawyer, thanks to the convenience of online complaint filing. The online consumer court has allowed for an easy, cheap, and successful resolution of defaults in the real estate industry.
Registering a complaint against a builder is convoluted as if dealing with the builder’s harassment wasn’t already a bother enough. The RERA Act and the Consumer Court can help you resolve the issue. Buyers of homes constructed before 2016 must take their disputes to the Consumer Court rather than the Real Estate Regulatory Authority of India (RERA).
With this guide’s help, you can file a complaint under the RERA Act and get tips to ensure you present a strong case in front of the authorities.
What is the RERA Act?
The Real Estate Regulatory Authority (RERA) was founded in 2016 to safeguard the interests of homebuyers and promote openness and responsibility in the real estate market. Homebuyers have a right to register complaints against developers for infractions or concerns, and RERA facilitates this process.
The RERA Act mandates that all Indian states and union territories create a regulatory entity to monitor and control the real estate market within their borders. Mandatory publication of project facts such as layout drawings, land status, approvals, and completion timelines is part of the Act’s framework for registering real estate projects.
Who Should File RERA Complaint?
Under the RERA Act, any person or organisation with a valid complaint against a real estate project or developer can do so. Buyers, investors, and others with a stake in a real estate project can resolve their grievances through a process established by the Act. Some examples of when a person would want to file a RERA complaint are:
| Allowed Individuals | Why? |
| Homeowners | Concerns about construction delaysDeviations from promised specificationsInsufficient amenities or any other problems that contradict the terms and conditions of their contract with the developer. |
| Allottees or Buyers of Plot | Unhappy with problems associated with the purchased propertyDelayed delivery of possessionUnauthorized cancellation of allotmentsFailure to provide promised amenities. |
| Investors | Concerns about the non-payment of guaranteed returns,Unethical activities A breach in the agreement |
| Co-operative Housing Societies | Experiencing problems with poor maintenanceNon-handover of common areasInfraction of the developer’s agreement |
Steps to Follow While Filing Complaint Under RERA Act
If a home buyer is dissatisfied with the services or feels that a builder, agent, or promoter is not abiding by the RERA Act, they may register a complaint against them.
Step 1: Go to the state’s official RERA website first. Now look for the site’s complaint registration page.
Step 2: You will be taken to a RERA complaint form after clicking on the website or the link for complaint registration. You must enter all the necessary information regarding your complaint here.
Step 3: Please be aware that you must provide supporting documentation and personal information such as your name, address, and phone number. It is done to confirm the complainant’s identity.
Step 4: You can make a complaint after properly filling out the form by paying Rs 1000. The cost to file a complaint with an adjudicating officer is Rs. 5000. This transaction can be efficiently completed online.
Important Factors to Keep in Mind Before Filing a RERA Complaint
There are several crucial variables to consider before submitting a RERA complaint. These elements should be kept in mind to ensure your complaint is well-prepared and has a better possibility of being resolved successfully.
Understand the Different Types of RERA Complaints That Can Be Filed
Understanding the many types of complaints that can be made under RERA is essential before filing one. Commonly reported issues include delayed possession, structural flaws, code violations, non-compliance with project requirements, and developer distortion of facts.
Give Supportive Evidence for Your Complaint
It’s essential to back up your complaint with proof to strengthen your case. It can be evidence of the violation or complaint, such as images, videos, emails, and other records. Include precise and unambiguous supporting documentation to help the RERA officials comprehend your case.
Understand the Dispute Resolution Process
The dispute resolution procedure will begin after RERA receives your complaint. It might entail arbitration, conciliation, or mediation. It’s crucial to comprehend the procedure and plan appropriately. For instance, if you opt for conciliation or mediation, you must cooperate with the developer to develop a workable solution.
Be Persistent and Patient
It may take some time to file a complaint under RERA. It’s crucial to follow up on your case with patience and tenacity. Follow your case’s development and attend all hearings and sessions. Contact them again if you do not hear back from the RERA officials.
Conclusion
An important first step in obtaining justice and defending your rights as a property buyer or investor is to file a complaint under the RERA Act. This thorough guide gave you insightful knowledge and useful advice on navigating the complaint filing procedure.
You can voice your complaints and help change the real estate industry by realising the importance of registering a complaint, choosing the appropriate channels, and writing a persuasive complaint letter. Remember that making a compelling argument requires clear communication supported by credible evidence.
FAQs
Can I submit a RERA complaint against unregistered projects?
Yes. Under Form ‘A’ of Section 31 of the RERA Act, 2016, you may complain about unregistered projects. The complainant must include all relevant project information, such as the builder or developer’s registration number, as well as all information about the person who is the target of the complaint.
What documents are necessary for filing a RERA online complaint?
When you make a complaint through the RERA’s online system, you can be asked to upload various supporting documents to substantiate your claim. The document needs may differ significantly from state to state and union territory to union territory. However, the following is a list of documents that are frequently requested-
- Copy of the Agreement
- Payment Receipts
- Correspondence
- Project Documents
- Allotment Letter
- Completion or Occupancy Certificate
Can homebuyers file an appeal with the Consumer Court instead of the RERA?
Instead of going to the RERA authority, homebuyers can appeal to the Consumer Court. The Consumer Protection Act of 2019 created the Consumer Court, also known as the Consumer Disputes Redressal Commission, as a judicial entity to defend the rights and interests of consumers.
The RERA Act was created expressly to address complaints about the real estate industry, but the Consumer Court offers a wider range of opportunities for consumers to file complaints, including those about the real estate industry.
