Until recently, there was no regulation in the real estate sector. Consumers had no recourse if they experienced delays. Due to the lengthy court procedures, most buyers were at the mercy of the builders. As a result of RERA, a proper complaint mechanism has been established. Here is how one can file a complaint under RERA.
Builder faces RERA complaint
RERA imposes certain obligations on builders and developers. Under RERA, homebuyers have certain rights. A complaint can be filed against a builder if he fails to meet his obligations or violates your rights. In addition to the builder, a homebuyer can file a RERA Complaint against:
- Organizer of events
- Agent for real estate
- An intermediary
What is the RERA Act?
In the event that any of the above are found guilty of violating the RERA, they would face severe penalties. RERA penalties include:
- Non-registration with RERA carries a heavy penalty of up to 10% of the project’s estimated cost or imprisonment up to 3 years. A fine and imprisonment may be imposed by RERA in some cases.
- Providing false information about a project also incurs a 5% penalty as a penalty.
Therefore, if a builder, promoter, real estate agent, etc., fails to comply with the RERA, heavy penalties may be imposed.
RERA Registration Process
RERA Complaint Registration
To register a complaint against a builder, a homebuyer should have the following information:
- Names, addresses, etc.
- A registration number for the project and its address.
- Response from the builder.
- Homebuyer’s request for relief.
Buyers may file complaints with the RERA Authority if builders, developers, promoters, or real estate agents violate the RERA Act. RERA complaints can be filed under the following conditions:
- Possession Delay: In case of a delay in possession, the buyer can file a complaint against the builder to get immediate delivery of possession or get a full refund along with interest.
- False Advertisement: The developer, promoter and even the endorsers may be sued for false advertisements that misled a buyer and led him or her to deposit money with the promoter.
- In advance payment, a builder may ask for no more than 10% of the cost of the building, apartment, or plot as advance payment. If a builder asks for more than 10%, the buyer can file a complaint against the builder.
- Failure to register a project: All projects need to be registered with RERA. A buyer can file a complaint against a builder who sold or attempted to sell an unregistered project.
- Information about the project: All details regarding the project, such as the plan, layout, and government approvals need to be updated on the RERA website. A complaint may be filed if a builder or developer fails to adhere to this provision.
- 5% Structural Defects: In the event of structural defects in the workmanship and quality of the services, the promoter will have to compensate the amount paid by the allottee. A buyer can file a complaint if he or she is not compensated.
- Transfer of ownership rights: The promoter cannot transfer majority rights to another party. In case he/she is found transferring majority rights to a third party without the consent of the two-third majority of allottees, one can file a complaint.
Typically, a homebuyer must submit a RERA complaint form along with the requisite fee to register a complaint. To file a complaint under RERA, follow these steps:
- A RERA complaint form can be filed with the appropriate documents and the fee before a RERA or an adjudicating officer.
- Following receipt of the complaint, the authorities convene an inquiry bench to hear both the parties involved.
- A complaint is usually settled within 60 days of being filed.