The introduction of the RERA ACT i.e Real Estate (Regulation and Development) Act, 2016, gave a ray of hope to aspiring home buyers as many amongst them deal with certain issues related to the property. This rule is helpful as it allows the prospects to raise voice for the part of money which they have invested in any project. In the end, it is all about getting the possession of a right property at a right time. Being a future property owner know about the procedure to file a complaint under the RERA ACT.
- File Complaint with:
The complaints against the Promoters, Allottees and/or Real estate agents can be filed under Section 31 of the Real Estate (regulation and development) Act, 2016 and it has to be submitted with the Real Estate Regulatory Authority or the adjudicating officer.
The State Governments have a dedicated form and procedure to follow while filling a complaint against the builder/promoter or the real estate agent under the RERA Act. For example, in case of Chandigarh a [Union Territory] and the Uttar Pradesh State the forms the noted with ‘M’ or ‘N’.
Remember that the complaint has to be filed within the predefined limit and under the guidelines laid by the RERA authority in the respective States. Also, the complaints can be filled against the projects registered under Real Estate (regulation and development) Act, 2016.
- Filling A Case Under RERA Act:
A person(s) seeking interest in any given project can hold the right to file a complaint related to the developer/builder with the RERA Authority. The applicant can file the complaint online by filling all the necessary information.
- Essential Documents to File Complaint:
- Personal details of both the parties including the Applicant and The Respondent
- RERA Registration number of the Project
- Complete Address of the Project
- A Short Statement of Facts & Grounds of Claim
- Issues Related to Property-Pending Cases:
At times, People/Applicants file a complaint against the Developer/Builder or the Real Estate Agent in the National Consumer Disputes Redressal Commission [NCDRC] and the cases here gets stuck for a long time as the volume of complaints filed in this Court is huge.
On the other hand, the RERA Act offer fast disposal of cases in comparison to NCDRC as the authority offer realization of compensation under Sections 12, 14, 18 and 19 of the RERA Act.
The complainant can withdraw the case filed in NCDRC and can file the same with RERA.
- Timeframe for Resolving Dispute under RERA:
There is no specific time limit to solve the dispute or the case filed under the RERA ACT. In fact, the person(s) must lodge a complaint against the developer/builder or the real estate agent at the earliest to avail interim relaxation in terms of return payment or by any other means. As, the authority works according to the procedure initiated and predefined in a limitation act 1963.
- Advantage of Filing CASE under RERA:
- Fast disposal of complaints
- Requirement of financial discipline by the promoters
- No dubiety in area measurements
- Promoters are held responsible for compensation for delayed delivery
- Judging mechanism results in the fair decision