Understanding RERA and How to File a Complaint under RERA

For a long time, the real estate sector had no regulation. If the consumers faced delays, there was no recourse. Most buyers were at the mercy of the builders as court cases would drag on for long. With the coming of RERA, a proper complaint mechanism has come into existence. Let us see how one can file complaints under RERA.

RERA Complaint Against Builder

RERA imposes certain obligations on the builder or the developer. As a homebuyer, you have certain rights under RERA. If the builder fails to discharge his obligations or violates your rights, then you can file a complaint against the builder. Under RERA, a homebuyer can, in addition to the builder, file a complaint against the following:

• Promoter
• Real estate agent
• Contractor
• Intermediary

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If any of the above are found guilty of contravening the RERA, they would have to pay heavy penalties. Key penalties in the RERA are:

• Non-registration with RERA attracts a heavy penalty of up to 10% of the project's estimated cost or imprisonment up to 3 years. Sometimes, RERA may impose both imprisonment and a fine.
• Furnishing false information also attracts 5% of the estimated cost of construction as a penalty.

Hence, heavy penalties may be imposed on the builder, promoter, real estate agent, etc., if they are in non-compliance with the RERA.

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RERA Complaint Registration

A homebuyer should have the following details if they wish to register a complaint against the builder:

• Details such as name, address etc.
• Registration number of the project and the address where it is situated.
• The response of the builder.
• The relief the homebuyer is requesting.

A buyer may file a complaint with the RERA Authority for any violation or contravention of the provisions of the RERA Act by a builder, developer, promoter or real estate agent. Conditions under which a buyer can file a RERA complaint include:

• Delay in Possession: If a builder delays delivery of possession of the property, 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: A complaint can be filed against the developer, promoter, and even the endorsers if false advertisements misled a buyer based on which he/she decided to deposit a sum with the promoter.
• Advance Payment: A builder can ask for only up to 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.
• Improper Registration of a Project: All projects must be registered under RERA. If a builder has sold or is trying to sell an unregistered project, the buyer can file a complaint against the builder.
• No details about the Project: All details regarding the project including project plan, layout, and government approvals need to be updated on the RERA website. One can file a complaint if a builder or developer doesn't adhere to this provision.
• Structural Defects: In case of any structural defects in the workmanship and quality of the services, the promoter will have to compensate the amount paid by the allottee. If not compensated, the buyer can file a complaint.
• Ownership Transfer: A promoter cannot transfer majority rights to any third 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 has to file a RERA complaint form along with the requisite fee to register his/her complaint. You can follow the given steps to file a complaint under RERA:

• You can file a RERA complaint form along with the requisite documents and the fee before a RERA or an adjudicating officer.
• Once the authorities receive the complaint, they constitute an inquiry bench to hear both the parties involved.
• The matter is typically settled within 60 days of the filing of the complaint.

RERA Online Complaint filing

Many states like Gujarat, Maharashtra, and Karnataka now provide online complaint filing under RERA. The method of filing an online complaint almost remains the same in most states. However, the procedure, applicable fees are different.

To register a RERA complaint online in Gujarat, a complainant must comply with the following steps:

• Go to the Gujarat RERA portal. On the home page, there will be a link for complaint registration.
• Once you click on the link, you will be redirected to another page to provide relevant details of the complaint. These details are the same that one would provide in a physical complaint.
• After filling in the personal details like name, address, contact details, etc., there will be an option for the complainant to attach supporting documents.
• The complainant must pay a registration fee of Rs. 1000 to be able to submit the complaint. One can avail of any net banking or mobile banking facility for payment. After payment, one has to click the Submit button to successfully register the complaint.

In order to register a RERA complaint online in Maharashtra, a complainant must comply with the following steps:

• Go to the Maharashtra RERA portal. On the home page, click on the Online Application Menu.
• One must first log in to be able to access the online complaint form. Therefore, the complainant must create a new registration with an appropriate username and password.
• Once registration is completed, the complainant must file his/her personal information to proceed with the complaint.
• After providing relevant personal details, the complainant should find and select Add New Complaints. Here, the complainant would be able to fill in relevant details of the complaint.
• The complainant must pay a registration fee of Rs. Five thousand to be able to successfully submit the complaint.

For all online portal complaints, once a complaint is successfully registered, both the parties would be called to express their facts and figures surrounding the dispute. The RERA will listen to both parties and will give a verdict on the merits of the case.

The aggrieved party would be given the option to challenge RERA's decision if they are not satisfied with such an order. The aggrieved party must challenge RERA's decision before the High Court.