RERA COMPLAINT FILING

Overview

The motive of the Real Estate (Regulation and Development) Act, 2016 is to safeguard the interest of the consumers in the Real Estate Sector. It also promotes transparency and standardization in the business practice conducted in the Real Estate Sector. RERA works as a safeguard to protect consumers from fraud builders and it also provides a platform called RERA complaint filling to the consumers. With the introduction of MAHARERA consumers indulge in real estate feel empowered and protected. The buyers have the right to file complaint in case of any unhealthy business practice and Fraud. Now, the buyers at real estate projects have the rights to file a complaint and grievances. To resolve their grievances buyers can ask legal authorities to intervene in their matter. Though, it is necessary that the concerned real estate project is register under MAHARERA. In case the builder of the housing project is not registered under RERA, buyers of such projects may find them in dilemma and may face problems while lodging complaint against them.

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WHO CAN FILE COMPLAINT UNDER MAHARERA ?

1. Builder and Developer
2. Allottee (Buyer of the Project’s Apartments, shop etc)

AGAINST WHOM THE COMPLAINT CAN BE FILED ?

1. Builder and Developer
2. Allottee (Buyer of the Project’s Apartments, shop etc)
3. Real Estate Agent

WHEN TO FILE A COMPLAINT UNDER RERA?

Delay in Possession

Do you want to file complaint because the developer has not given the possession of an apartment on the date as agreed in Agreement for Sale?

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Stalled Project

Has your project stalled in which you have booked flat or shop, and there is no hope in future to restart it?

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Non-Registration of Project

Have you come across any Real Estate Project which is eligible for MAHARERA Registration and which has been not registered by the developer yet?

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False or Mis-Representation from Real Estate Project

Has your builder misrepresented the Real Estate Project Information?

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False Advertisement

Have you come across any false advertising of the Rera registered project by Builder or Developer or the Real Estate Agent?

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Structural Defects

Are you facing any major structural defect in your apartment after the possession by the developer of an apartment or shop of the Rera Registered Project?

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STATE-WISE FORUM FOR FILING THE COMPLAINT BEFORE MAHARERA WHICH ARE AS UNDER:

1. RERA AUTHORITY :

Any aggrieved person being home buyer or real estate agent or builder or developer, may file a complaint with MAHARERA authority for any kind of contravention or violation of RERA Act and RERA Rules. Every State has prescribed a separate process and Rera complaint filling form for such redressal.

2. RERA ADJUDICATING OFFICER :

Any aggrieved person being home buyer or real estate agent or builder or developer may approach the Adjudicating officer in the matter of loss or damage incurred due to false or incorrect information in the prospectus, loss or damage due to any structural defect or defect in provision of the services or loss or damage because of the delay in completion of the project or loss due to stalled projects.
Builders and Developers may also approach the Adjudicating Officer in case of Delayed payments for the claim for interest.

3. RERA TRIBUNAL

This is appellate authority for complaints. Any person aggrieved by MAHARERA Authority and MAHARERA Adjudicating officer may approach to MAHARERA Tribunal.

RERA COMPLAINT REGARDING THE PROJECTS REGISTERED UNDER MAHA RERA

As per, Real Estate (Regulation and Development) Act, 2016 it is necessary for both the builders and developers to get their projects registered under the state regulatory authority of the concerned state. MAHARERA provides a platform to the buyers where they can keep the track on the growth and development of the on-going projects and can also file a complaint in case of any grievance.

If the MAHARERA fails to provide any redressal to the buyer then homebuyer can seek the help of Appellate Tribunal within a period of sixty days of filling the complaint with MAHARERA.

RERA COMPLAINT- PROJECTS NOT REGISTERED WITH RERA

There are developers and builders in India who does not register their real estate projects under the provisions of MAHARERA. As a result, buyers of such projects have to face issues while lodging a complaint against the developers and builders. The buyers who unwillingly got stuck with the unregistered projects may seek other legal remedies to get solution of their problems. They can ask for the justice either by filing the case before the MAHARERA against the builder or developers of the unregistered project. Moreover, they can also appeal in the high court and can demand the refund of their hard-earned money.

BENEFITS OF RERA COMPLAINT

Saves Buyer’s Time

Under RERA the need to go through lengthy and time-consuming judicial proceeding eliminates.

Transparency

RERA ensures transparency in dealing with complaint and grievances. Also, the RERA complaint status can be checked on the website of each state.

Buyers May Receive Compensation

In some cases, builders ensure compensation directed by the MAHARERA to the buyers for their lack of commitment.

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