The RERA complaint can be filled by the home buyers 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. The buyers hold the right on the following provisions under RERA Act 2016:
·
Get information regarding
the sale of a plot or flat.
·
To acknowledge the
stage-wise schedule of the project and how much time will it take to finish.
·
File a complaint against
any promoter on grounds of possession of the apartment, building or plot.
·
In case of breach of any
provision, the allottee can claim for a refund of the sum along with the
interest as compensation mentioned under the Act.
·
Demand for requisite
documents and plans.
File a complaint with RERA
According to section 31 of the RERA Act
2016, the buyer holds 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
complain against:
·
Promoter
·
Builder
·
Real Estate Agent
·
Contractor
·
Intermediary
If any of the above are found guilty in
violating any of the provision under the RERA act, the person will be
penalised. Non-compliance of the following would be subjected to stringent
penalty:
·
The RERA Act
·
Orders
·
Directions from the RERA
·
RERA Tribunal
Violation
of the provision and the action prescribed as per the RERA tribunal is as
follows:
· 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 with the penalty, then, imprisonment up to 3 years will be
applied on the promoter. At times, RERA may impose both.
·
In case the promoter
furnishes false information to the regulatory authority, then, the promoter
will be penalised 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 work 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 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.
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 sought from
the RERA Authority.
To claim compensation from the promoter,
the buyer has to initiate the proceedings before the concerned officer of RERA.
A prescribed fee has to be paid along with the RERA complaint form. One needs
to note that the fees vary from one state to another.
Steps required to file a complaint under RERA
The complainant has to follow the
following steps to get a RERA
complaint registration.
1. 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.
2. 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.
3. 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.
4. The complaint has to be settled within 60 days of receiving the
application. To sought interim relief, the adjudicating officer would deal with
the case efficiently and as speedy as possible.
Many states have made a feasible
platform for the buyers to make compliant with RERA without having to submit
the hardcopy of the 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 complaint with RERA as per the provision and
guidelines provided by the respective state Real Estate Regulatory Authority to
ensure faster solutions.
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