Representation Of RERA Complaint

The Real Estate (Regulation and Development) Act, 2016 aims to protect the rights and interest of homebuyers from the illegal and unfair practices of the real estate developers and builders. A homebuyer can file a complaint against a builder with the RERA Authority of the state in which the property is situated. A RERA complaint can be filed against the delay of property possession, failure to obtain Completion or Occupancy Certificate, use of substandard quality of construction material or any other violation of RERA laws and rules.

Once the complaint is filed with the RERA Authority, the Adjudicating officer examines the complaints and either accepts or dismisses it. If the complaint is accepted, the RERA Authority informs the builder by sending a legal notice and assigns a date of hearing for the builder and buyer to appear before the court. The buyer needs to represent their matter before the Authority through a RERA Advocate to get the RERA order in their favour.

Represent Your RERA Complaint
At INR 20000

What You'll Get In The Package

Inclusion

  • 20 Minutes telephonic consultation with the lawyer.
  • Representation of matter before the court.

Exclusion

  • Drafting and filing of RERA complaint.
  • Any other work after the RERA order is received.
  • Any other documentation work.

Documents Required For Representation Of RERA Complaint

  • Copy of RERA Complaint filed.
  • Copy of legal notice sent to the builder.
  • Copy of builder-buyer agreement.

Procedure For Representation Of RERA Complaint

After your consultation, the RERA advocate will go through your documents. The lawyer will appear before the RERA Authority on the assigned dates of hearing till the order is passed. The lawyer will represent your matter on the hearing dates, prepare arguments, present evidence and examine and cross-examine the witnesses. 

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FAQs

How to file a complaint under RERA?
Before a complaint can be filed against a builder in RERA, you need to send a legal notice to the builder. The lawyer will then draft your RERA complaint and file it with the RERA Authority of the State in which the property is located. The complaint must contain all necessary data such as details of the builder, details of the property, the amount paid, the relief sought, etc.
Can I get compensation for delay in possession?
Yes, a complaint can be filed with the RERA Authority in case your builder causes a delay in delivering your flat possession.
Can a Complaint be filed without buyer-builder agreement?
Yes, a RERA complaint can be filed if there is no builder-buyer sale agreement. However, other documents like sale deed, payment receipts, property details, etc. are needed.
Can I claim a refund from the builder?
Yes, a complaint under RERA can be filed to claim a refund from the builder on the amount paid to the builder along with interest.
How much interest can be claimed under RERA?
Under the RERA Act, 2016, the RERA Authority can award refund with interest up to 12% on the amount paid to the builder.
RERA is applicable to which projects?
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.
Do I need to appear on every hearing?
No, your RERA Advocate will appear on your behalf and you don't need to appear personally on every hearing.
How much time does it take for the complaint to resolve?
The RERA Authority is bound to pass an order within 120 days of receiving the complaint.