To minimize the issues related to real estates the government has introduced the Real Estate (Regulation and Development) Act, 2116 short form RERA Act, 2016 which came into effect on 1st May 2016.
The Real Estate Regulatory Authority is a legal body and the purpose to establish the Real Estate Regulatory Authority for regulation and protect the interest of consumers in the Real Estate Sector.
This act also ensures transparency in the project and provides proper information about the builder and establish an adjudicating mechanism for speedy dispute redressal. According to this act, the developer cannot make any alterations & additions in the sanctioned plans which was agreed prior or without the written permission of the buyer.
The Aggrieved person can file complaints under Section 31 of the Real Estate (Regulation and Development) Act, 2016 either with the RERA Authority or the adjudicating officer. Such complaints may be against promoters, allottees and/or real estate agents.
Role of the Adjudicating Officer:
An Adjudicating Officer is a quasi-judicial person who is authorised to adjudicate the disputes arising under RERA Act, 2016. The Adjudicating Officer shall be a person who is or has been a District Judge.
Complaints can be filed in the following conditions;
· Delay in Possession
· False advertisement
· Discrepancy in Project Registration
· Excessive Advance Payment
· Structural Defects
· Incomplete Project Details
The State governments have laid out their own procedure and application forms, in which complaints can be made.
A complaint under the RERA is required to be in the form prescribed under the respective states’ rules.
The complaint can be filed with respect to a project registered under RERA, within the prescribed time limit, for violation or contravention of any provisions of the act or the rules or regulations framed under RERA.
Procedure to file Complaint under RERA Act, 2016
Step 1 (Look for the state’s website):
If you want to file a complaint with the authority, first, you have to visit the state’s official website and look for the complaint registration form/ section, where you can register your complaint.
Step 2 (Filling the Complaint Form):
Once the aggrieved lands on the complaint registration form, he needs to fill following details including Name, Address, Contact details and Project details in order to receive future communication from the department along with the reason for filing a complaint, supported by relevant documents which important for adjudication.
Step 3 (Fee Payment):
Once you completely filled the form, the user needs to pay an amount to process the complaint, which varies from Rs 1,000/- to Rs. 5,000/- according to state to state and same can pay through various modes of online payment.
Step 4 (Confirmation):
After payment, the user will receive a notification through message and email that payment/ complaint has been filed successfully and the same can be tracked on RERA’s website.
Step 5 (Proceeding):
After receiving the complaint, the regulatory authority holds an inquiry bench giving a fair chance to the involved party to put across their word as a reasonable opportunity. But it is the sole discretion of the concerned authority whether the grievances of the consumer would be heard by a single bench member or any member of the authority.
According to rules, the said complaint has to be settled within 60 days from receiving.
Other Legal Remedies:
In a judgment dated 2 November 2020, passed by the Supreme Court of India in the case tilted as “M/s Imperia Structures Ltd v Anil Patni & Another (Civil Appeal No. 3581-3590 of 2020)”, categorically stated that buyers are free to select the legal remedies available to them in the form of Real Estate (Regulation and Development) Act, 2016 as well as complaints to Consumer Forums under Consumer Protection Act 1986 (CP Act) even the Insolvency and Bankruptcy Code 2016 (IBC).
Written By-
ADVOCATE Prem Joshi
Founder, Joshi Law Associates (JLA)
Practice in Delhi High Court & District Courts
