RERA is a super statute to ease the troubles of the consumers of a housing project. The Real Estate Regulatory Authority is the legal body dealing with real estate-related issues. It ensures assistance to the home buyers while assuring clarity in the transmission of the deal with the developers. Now smoothly functioning, RERA is also working to boost investment in the real estate sector. The RERA Act came into effect on 1st May 2016.

Under Section 31 of the RERA Act 2016, a complaint can be filed with the RERA over a housing dispute.

When the builder does provide for what they have promised, the RERA comes in help the home buyers. The ones who feel betrayed or unhappy with the housing project, and seek help from the concerned authority has to file a complaint with RERA. It is paramount to note that the RERA complaint registration has to be done as per the outline recommended by the respective state government. In case of breach of any provision, the same could be reported to RERA. 

When to File a complaint with RERA?

A person claiming relief under the RERA may file a complaint in case of violation of any provision of the Act. The buyer has the right to file a case against either promoter, dealer, or developer or jointly as the case may be. The buyers hold the right on the following issued under RERA Act 2016 under different provisions:

ð  Get all the information regarding the sale of a plot or flat.

ð  To acknowledge the stage-wise schedule of the project and how much time will it take to finish.

ð  File a complaint against any promoter on grounds of possession, amenities, development, and the title of the apartment, building, or plot.

ð  In case of breach of any provision, the allottee can claim a refund of the sum along with the interest as compensation mentioned under the Act.

ð  The allottee may as the case may be can cancel the allotment.

ð  Demand for requisite documents and plans. 

File a complaint with RERA

Under section 31 of the RERA Act 2016, the buyer holds the right to file a complaint/ application with RERA or with the adjudication officer in case of violation of any right of the buyer as mentioned under the Act. On infringement of the rules, the buyers can file complaints against: 

·         Promoter

·         Builder 

·         Real Estate Agent

·         Contractor

·         Intermediary

·         All of them jointly

If any of the above are found guilty of violating any of the provisions under the RERA act, the concerned person will be penalized jointly or severely. Non-compliance with the following would be subjected to stringent penalties:

·         The RERA Act

·         Orders

·         Directions from the RERA

·         RERA Tribunal

As per the RERA tribunal, the following are the Violation of the provision and the action prescribed:-

·         Non-registration of any project with RERA could lead the promoter to pay a hefty fine which may scale up to 10% of the estimated cost, as reckoned by the Authority. If the promoter does not adhere to the penalty then, imprisonment of up to 3 years will be applied to the promoter. At times, RERA may impose both.

·         In case the promoter furnishes false information to the regulatory authority, then, the promoter will be penalized up to 5% of the estimated cost of construction of the building.

·         If RERA finds that the promoter does not comply with the Act and works against it, then a cumulative penalty of about 5% of the cost of construction of the building, plot, or apartment will be applied.

·         In case of conflict with the Appellate Tribunal, the promoter may have to face imprisonment for up to 1 year. Besides the imprisonment, the promoter may have to pay for the recurring default calculated on per day basis. It could be cumulated up to 5% of the cost of the plot, apartment of the construction cost of the building.

How to File a complaint with RERA?

In order to file a complaint with RERA, the buyer has to furnish the following details in the form. 

·         Details about the applicant such as name, address and etc.

·         Registration number of the project and the address has to be mentioned in the form.

·         A detailed statement regarding the claims and facts about the project has to be mentioned in the form.

·         The response from the developer.

·         Interim relief and final relief sought from the RERA Authority.

To claim compensation from the promoter, the buyer has to initiate the proceedings before the concerned officer of RERA after paying a prescribed fee with the RERA complaint form which is prescribed/fixed by the respective state authority/ state government from time to time

Complaint under RERA; the procedure

The complainant has to follow the following steps to get a RERA complaint registration or as the procedure decided by the competent authority of the State RERA:-

ð Stage A

A RERA complaint by the buyer can be filed by any distressed home buyer along with the documents and form. They may file the complaint either to RERA or an adjudicating officer with the requisite payment of a fee.

ð Stage B

The composition of the bench would be decided by the RERA authority taking into consideration the nature of the allegation, the subject matter, and the issues involved whether the issue is to be heard by a Single person or a tribunal.

ð  Step C

After receiving the complaint, the adjudicating/ regulatory authority holds an inquiry in the matter and for giving a fair chance to the involved party grants time to file their response to the other side.

ð Stage D

The complaint has to be settled within 60 days of receiving the application. To adjudicate interim relief and the final prayer the adjudicating officer would deal with the case efficiently and as speedy as possible.   

Online Complaint, hearing, and disposal of the complaint:-

Now, one can file a complaint online. Many states have made provided platforms for the buyers to make compliant with RERA without having to submit the hardcopy of documents with the form. The form can be submitted online on the official website of RERA of the respective states. The complainant may check the RERA complaint status online. The same would be intimated to the involved parties through the registered mobile number. However, it is important for the complainant to register his complaint with RERA as per the provision and guidelines provided by the respective state RERA to ensure faster and safer solutions. 

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