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RERA Complaint
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RERA COMPLAINT
The companies and society cannot work
without, that Real Estate explains the built environment. The Real Estate Act
(Regulation & Development), 2016 are protected The Real Estate sector's commercial
subdivisions and residential. In the Real Estate sector to protect the rights and
interests of the consumers and to promote uniformity and transactions in the Real Estate
sector and standardization of business practices is the aim of the RERA Act. The
interest of buyers and promoters by imposing certain duties on both of them also
attempts to balance and between buyer and promoter between buyer and promoter.
Any provisions of the Act are contravened or if the buyer’s rights are violated against the builder, developer, or agent A RERA complaint can be filed by any home buyer.
REAL ESTATE REGULATORY AUTHORITY
For the resolution of disputes related to Real Estate in each State the Real Estate Act provides for the establishment of a specialized body. For the non-performance of obligations mentioned under the Act before the Authority or for contravention of the provisions of the Act. The aggrieved party, either the promoter or the real estate agent, or the Allottees (Buyers) can file a RERA complaint online. To impose a penalty upon the defaulter the Authority has the power, once the contravention is proved.
WHY FILE A RERA COMPLAINT? BENEFITS
For raising a complaint against builder the buyers need not undergo a lengthy judicial proceeding before the consumer forum.
For dealing with the RERA complaint against builders the adjudication process is in place.
For each state the dedicated website provided for the RERA complaints and Transparency in dealing with RERA complaints.
RERA complaints against Builders for delayed possession ensures compensation by Promoters.
RERA complaints have expeditious disposal and speedy.
WHEN CAN A RERA COMPLAINT BE FILED?
Many obligations both on the promoter as well as the buyer The Real Estate Act imposes. The Authority can proceedings against the defaulter either suo moto (on his own) or on a complaint made on this behalf initiate on breach of such obligation.
OBLIGATIONS OF THE PROMOTER
RERA-COMPLAINT
The Real Estate Regulatory Authority Not advertise, market, book or sell Real Estate Project unless it is registered.
Regarding the Real Estate Project Not give any false information in the prospectus, advertisement, or notice.
On the promised date the possession of the developed project Hand over.
The provisions for civic infrastructure, the stage-wise time schedule for the completion of the project, the sanctioned plans, and layouts plans as approved by the competent authority, the information regarding all these things make available to the allottees at the time of booking.
The completion and occupancy certificate for the Project Be responsible to obtain it.
Till the association of allottees take over the maintenance of the project be responsible to provide and maintain the essential services at a reasonable charge.
For the above said purpose till he transfers the physical possession to them be responsible to pay all the outgoing charges from the amount which he has received from the allottees.
From the handing over of the possession within five years if brought to the notice of the promoter by the allottee be liable to the provision of services or to the breach of the obligation provided under the agreement of sale or to the structural defects and any other defects in the workmanship quality.
OBLIGATIONS OF THE BUYER
The Promoter shall:
As per the agreement for sale, it is mandatory for a buyer to make timely payments to the real estate developer. Ground rent, electricity charges, water supply charges, registration charges, municipal taxes, maintenance charges, and any other services He will also have to pay.
The buyer is required to take possession within two months’ time from the occupancy certificate is issued by the real estate developer.
The buyer is required to pay interest at a prescribed rate if he is unable to make timely payments for his purchase.
In the formation of an association, a cooperative society, or any federation of consumers, it is compulsory for a buyer to exhibit active participation.
Registration of the conveyance deed of the unit a buyer shall participate.
RELIEF TO HOME BUYERS
When a RERA complaint is filed, there are 2 kinds of relief grant to home buyers
The loss suffered by the home buyers is compensated.
To the home buyer's return on the entire investment.
Financial penalties and even imprisonment in certain cases, apart from the above two the promoter is also punished.
RERA COMPLAINT ONLINE
| Companies Registered under RERA | Companies not Registered under RERA |
|---|---|
| Home buyer’s money is not misused | No guarantee on property administration |
| Transparency in transaction | No Transparency in transaction |
| Standardized carpet area | Carpet area may vary |
| Advance payment to the builder cannot be more than 10% of the property value | Advance payment depends on the decision made by the builder. |
STEPS REQUIRED TO FILE A COMPLAINT UNDER RERA
The following steps to get a RERA complaint registration.
STEP 1
Along with the documents and form the buyer can be filed by any distressed home buyer A RERA complaint. The complaint may file either to an adjudicating officer or to RERA.
STEP 2
The grievances of the consumer would be heard by a single bench member or any member of the authority it is the sole discretion of the concerned authority.
STEP 3
The regulatory authority holds an inquiry bench after receiving the complaint, giving a fair chance to the involved party to put across their word as a reasonable opportunity.
STEP 4
To sought interim relief, the case efficiently and as speedy as possible the adjudicating officer would deal. Within 60 days of receiving the application the complaint has to be settled.
Without having to submit the hardcopy of the documents with the form the buyers to make compliant with RERA a feasible platform for the buyers have made by many states. The official website of RERA of the respective states the form can be submitted online. Through the registered mobile number through the registered mobile number. To ensure faster solutions as per the provision and guidelines provided by the respective state Real Estate Regulatory Authority, it is important for the complainee to register his complaint with RERA.
HOW TO FILE A RERA COMPLAINT WITH THE RERA?
For filing of complaints with the authority each state has a separate mechanism.
Furnish following details in the form
Applicant’s name, address and other details
In form mentioned address and Registration number of the project.
In form mentioned a detailed statement regarding the claims and facts about the project.
The developer’s response.
The RERA Authority sought Interim relief.
DOCUMENTS REQUIRED FOR FILING A COMPLAINT
The complaint before the following details and documents:
Complainant name, address, email ID, Phone number and other details, if required.
Promoters or builders name.
In brief fact to be disclosed.
The agreements entered or mail transactions or letters exchanged or Legal Notices sent and other documents all these required as proof.
In the state of Maharashtra and Goa payment of INR 5,000 as a fees required. And in all other states Payment of INR 1,000 as a fees required.
TIMELINE FOR RESOLVING A COMPLAINT
As per the Act for resolving a RERA complaint the general timeline is 60 days. The reason for adjournment and extend the time the adjudicating officer can record, in special circumstances.
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