Complaint under RERA

The Real Estate (Regulation and Development) Act, 2016 has been enacted by the Government for the protection of homebuyers against the unfair trade practices of housing development and real estate project developers. Developers have to compulsorily obtain all prerequisite approvals from government bodies before the project can be presented to the public. The developers have to further display all relevant information on the RERA website of the respective states.

If any developer, promoter or builder of the property doesn’t have the approvals or if s/he has defaulted under the Act in any manner, you may file a complaint before the RERA authorities through the most experienced RERA advocates in your locality.

File Complaint under RERA Online
At INR 5999

What You'll Get In The Package

Inclusion

  • 20 minutes introduction call with lawyer to get acquainted and to discuss the work that is to be done together.
  • Documents Checklist
  • Verification of necessary documents
  • Drafting of the RERA complaint
  • Filing of complaint with the appropriate authorities (State RERA Authority)

Exclusion

  • Legal notice to the builder
  • Court fees or similar expenses
  • Any other ongoing case regarding the property. You may hire the lawyer separately for any additional proceedings.

Documents required for filing a complaint under RERA

  1. Agreement to sell
  2. Conveyance Deed, if any
  3. Application form

Procedure for filing a complaint under RERA

  1. You must hire the top RERA lawyers in your locality to help you file the complaint before the appropriate authority.
  2. The procedure laid down by the State in which the property is located shall be followed.
  3. The fees for filing a complaint about RERA may also vary from state to state.
  4. The complaint must contain details of the name of the complaint, details of the developer, details of the property, amount paid, the relief sought, etc.

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FAQs

How can I file a complaint under RERA?
You must follow the following process of filing a complaint under RERA: 1. You must hire the best RERA lawyers in your locality and file the complaint with the appropriate authority. 2. The format and the fees are determined by the procedure laid down by the respective States. 3. The complaint must contain all necessary data such as details of the builder, details of the property, the amount paid, the relief sought, etc. The complaint may also be filed online with the help of the top RERA advocates following the same procedure.
How do I get the builder to execute a RERA authority order?
If the builder fails to comply with the orders of the RERA authority, you may approach the appellate authority depending on the forum that had been first approached by you. You may approach the State Commission and then the national Commission if you had first approached the District Forum and so on. The RERA Act explicitly lays down the penalties for offences committed by promoters, real estate agents, builders, and other parties involved respectively. The penalties that can be imposed are as follows: 1. For non-registration of the project with the RERA authority: 10% of the estimated cost of the project 2. Where a project has not been registered and any order or direction for the same has been issued by the authorities: Up to 3 years imprisonment with or without a fine of 10% of the estimated cost of the project 3. Where information or advertisement regarding the project is found to be false: 5% of the estimated cost of the project 4. Where an order of the RERA has been contravened or has not been executed: Daily penalty for every day after the passing of the order which has been contravened cumulative up to 5% of the estimated cost of the project 5. Where an order of the appellate tribunal has been contravened: Up to 3 years imprisonment with or without a fine of up to 5% of the estimated cost of the project
How can I get compensation for delay in possession?
The RERA Act makes provision for receiving compensation from the developer of the property in case of non-compliance with the provisions of the Act by them. You may go about your complaint in the following manner: 1. You must first send a legal notice to the builder stating your intention to the builder. If you do not get a response from them, you may go ahead and file a complaint before the appropriate authority. 2. You may file a complaint before the consumer forum for deficiency in service on the part of the builder. 3. You may send a letter to the builder claiming a refund of the amount deposited by you in lieu of the property. 4. You may file a criminal complaint against the builder on grounds of fraud. 5. You can claim interest on the amount paid to the builder under RERA. The RERA Act was essentially brought in place for protecting the interests of the homebuyers. Legistify provides you with services to file a complaint with the RERA authorities with the help of the most experienced lawyers in your locality at reasonable prices.
RERA Act is applicable on which projects?
The RERA Act doesn’t have retrospective application and hence, any project that started before the coming about of the Act in 2016 are not covered under RERA. however, you may approach the top property law advocates in your locality to find an alternative solution to your problem at affordable costs.
How can I get a refund on amount deposited for a property?
You may get a refund along with interest for a property registered under RERA from your builder. Legistify provides you with the services of the best property lawyers in your locality at affordable prices to get your refund.
Can I file a complaint without buyer-builder agreement?
You can file a RERA complaint against a builder for delay in property possession even without a buyer-builder agreement. However, other documents relating to the payment made, property details, etc. are needed. You can consult the best property lawyers in your locality through Legistify to know the complete legal action you can take against the builder.
Can I complain against a builder asking for more money?
The RERA Act makes provisions for protecting the rights of property of the home-owners and buyers. If a property registered under RERA, the builder cannot make demands for extra money. The authority under RERA is established to bring about accountability and transparency and the authority has to mandatorily prevent any wrongful practices undertaken by the builders in taking advance without a final contract being signed or the terms thereof being agreed upon.
How does RERA secure the interest of consumers?
The RERA Act secures the interests of consumers by giving them rights against fraud of any nature by the builder. The consumer has the right to receive from the builder all information regarding the approved plan, sanctioned layout of the project, stage-wise progress, etc. the consumer has also been given the right to claim possession of the property and also form an association to collectively demand possession. The consumer may also claim a refund of the amount paid if the builder fails to meet deadlines and deliver the property on time.
Do all real estate projects fall under RERA?
All real estate projects that are over 500 square meters in dimension fall under RERA without exception. RERA includes both commercial and housing projects. Circumstances under which a property doesn’t have to be registered under the RERA Act are as follows: 1. Where the land is below 500 square meters in dimensions or there are less than 8 apartments. 2. Where the completion certificate has been received by the builder before the commencement of RERA 2016. 3. Where the only work that is being done on the property is re-development, repair or renovation which doesn’t include advertising, marketing, selling or allotment of the property.
Can a developer leave a project mid-way?
Yes, a developer may leave a project mid-way or sell it to another developer. However, this may only be done with the prior approval of the RERA authority. In such circumstances where a consumer or his/her family is in possession of more than one unit of the property, they will be considered as one unit.