Timeline Of A Complaint Under RERA Against A Builder

Published on 22 Sep 2018 by Shivi

With a swell in the real estate sector and property becoming the most preferred form of investment, the number of grievances of home buyers against unscrupulous practices of real estate builders and agents has also skyrocketed. The more people put their trust in the real estate industry, the more disputes against builders proliferate. This see-saw between the surge in real estate property across the country and the cases of homebuyers facing fraud at the hands of builders has led to a central mechanism to deal with the real estate disputes. The Real Estate (Regulation and Development) Act, 2016 (RERA) is one of the landmark and contemporary laws in India that was enacted solely to regulate the activities of the builders and ensure that the interest of home buyers is protected.

RERA Act, 2016 has been implemented with the vision to bring transparency and accountability in the real estate sector and provide a grievance redressal mechanism for home buyers to bring builders to justice. Under the real estate laws and rules laid down through the enactment of RERA and the State RERA rules, home buyers can file a complaint with the Authority established under the Act against a builder for contravention of the RERA provisions.

Complaint Under RERA

The basic step of any legal complaint is to inform the other side about the grievance faced- through a legal notice. The home buyer is first required to send a legal notice to the builder stating the grievance faced and asking for a timely resolution for the same. The norm is to send a legal notice to the builder giving them a period of 30 days to resolve the dispute. Upon failure or partial adherence, the home buyer can knock the doors of the State RERA Authority to bring the builder to justice and get fair compensation for their grievance.

The RERA laws prescribe the grounds on which a home buyer can take a legal action against a builder stated as follows:

  1. When the builder delays the delivery of property possession.
  2. When the builder fails to comply with the real estate laws and rules.
  3. When the builder uses substandard quality of construction material and there is some deficiency in the property.
  4. If there is any change in the structural plans of the property implemented by the builder without prior approval from the buyer.
  5. When the builder fails to comply with the local laws and starts construction without obtaining relevant permissions.
  6. When the builder fails to obtain the Completion Certificate or the Occupancy Certificate.
  7. If the builder has created a third-party interest in the property, i.e. sold the same property to another buyer.
  8. If the builder has cancelled the buyer’s booking or halted the property construction for no substantial reason.

Once a valid ground to file a RERA complaint against the builder is established, a complaint can be easily filed. The RERA complaint procedure begins with the property lawyer drafting the complaint application to be submitted with the RERA Authority. The complaint is drafted in the RERA application format prescribed under the State rules where the property is situated. Indian states that have notified their RERA rules have their own RERA Authorities, for instance, MahaRERA, TNRERA, Karnataka RERA, UP RERA, Gujarat RERA, Haryana RERA and others.

READ: RERA To The Rescue Of Aggrieved Home Buyers

The complaint to be filed with the RERA Authority includes all the relevant information relating to:

  1. Information about the buyer and builder.
  2. Information about the property including the address, description and the RERA registration number.
  3. The issue faced by the buyer.
  4. The remedy sought from the builder.

The complaint is filed along with the documents that pertain to the following:

  1. The sale-purchase between builder and buyer like sale deed and agreement to sell.
  2. The payment made by the buyer like the copy of cheque, bank statement, or payment receipt.
  3. The copy of the legal notice sent to builder.
  4. Any conversation between the buyer and builder.

ALSO READ: Builder-Buyer Agreement Under RERA

The complaint and accompanying documents are filed with the RERA Authority along with the prescribed fee. After receiving the complaint, the Authority or Adjudicating officer looks into the matter, hears both the sides and takes into consideration the facts of the case and evidence submitted.

The complaint mechanism under RERA provides a legal remedy to home buyers in a whirlwind as the complaint received by the RERA Authority or Adjudicating officer needs to be disposed of within 60 days of the date on which such complaint was submitted. In case the complaint is not disposed of in 60 days, the reason for the delay needs to be mentioned by the RERA Authority.

Order of the RERA Authority

The RERA Authority may award the following remedies to the home buyer:

  1. Allow cancellation of the booking.
  2. Award refund of the amount paid to the builder along with interest.
  3. Order timely delivery of possession by giving a date to the builder.
  4. Award any other compensation for the damages suffered by the builder.

Appeal against RERA Authority’s Decision

An appeal can be filed against RERA Authority’s decision within 60 days of communication of the order. The appeal is filed with the RERA AT or the RERA Appellate Tribunal. Further appeal from the RERA Appellate Tribunal’s decision lies with the High Court of the State in which the property is located.

Legistify connects you with 7000+ lawyers in India in more than 300+ cities who can help you file a complaint under RERA with ease. You can call us at 846-883-3013 or send us an email at [email protected] to file your RERA complaint against the builder. 

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