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How to File a Complaint Under RERA: A Comprehensive Guide

How to File a Complaint Under RERA: A Comprehensive Guide
Learn how to file a RERA complaint for issues like delayed possession and structural defects. Get expert legal help from Adv. Tapan Choudhury for effective resolution.

How to File a Complaint Under RERA: A Comprehensive Guide

The Real Estate (Regulation and Development) Act, 2016 (RERA) has revolutionized the Indian real estate sector by introducing transparency, accountability, and a robust grievance redressal mechanism. If you are a homebuyer facing issues such as delayed possession, structural defects, or false advertising, filing a complaint under RERA can help you seek justice. This guide provides a step-by-step process to file a RERA complaint, along with essential tips to make your case strong.
 

Why RERA Matters for Homebuyers?

Before RERA, homebuyers often suffered due to project delays and lack of transparency. RERA ensures stricter compliance by requiring builders to register their projects, disclose timelines, and provide regular updates.

Grounds for Filing a RERA Complaint

You can file a RERA complaint under the following circumstances:

  • Delay in Possession: If the builder fails to deliver the property within the agreed timeline. in other words if the builder has failed to hand over your home within the agreed timeframe, you have the right to file a complaint and seek compensation or a refund.
  • Structural Defects: Any defects in construction quality within five years of possession. That is, any construction defects, such as leakages, poor-quality materials, or weak foundations, discovered within five years of possession can be reported.
  • Deviation from Approved Plans: If the final property does not match the promised specifications. therefore, if the final property does not match the promised specifications in terms of layout, carpet area, or amenities, you can take action against the builder.
  • False Advertising: Misleading claims in advertisements or promotional materials. Thus, builders making misleading claims in advertisements that differ from actual project delivery can be held accountable under RERA.
  • Non-Compliance with RERA Rules: Failure to register the project or provide updates on the RERA portal. For instance, all real estate projects must be registered under RERA. If a builder has failed to register or provide updates, you can file a complaint.

 

Steps to File a RERA Complaint

  1. Gather Necessary Documents

    To file a complaint, you need the following documents:

    • Copy of the RERA Registration Certificate.
    • Sale Agreement or Contract.
    • Payment Receipts (proof of payments made).
    • Correspondence with the Builder (emails, letters, notices).
    • Photographic Evidence (defects, deviations, etc.).
       

  2. Draft the Complaint

    Your complaint should include:

    • Complainant’s details (name, address, contact information).
    • Project details (name, address, RERA registration number).
    • Developer’s details (name, address).
    • Nature of the complaint (delay, defects, etc.).
    • Facts of the case (timeline, actions taken, impact).
    • Relief sought (possession, refund, compensation).
       

  3. File the Complaint Online or Offline

    • Online Filing
      • Visit the official RERA website of your state (e.g., MahaRERA, UP RERA).
      • Create an account and log in.
      • Fill out the complaint form and upload supporting documents.
      • Pay the filing fee (varies by state, e.g., Rs. 5000 in Maharashtra).
      • Submit the complaint and note the reference number for tracking.
         
    • Offline Filing
      • Visit the RERA office in your state.
      • Obtain and fill out the complaint form.
      • Attach supporting documents and pay the filing fee.
      • Submit the complaint and obtain an acknowledgment receipt.
         

Hearing Process and Resolution

  1. Notice of Hearing: The RERA authority will schedule a hearing and notify both parties.
  2. Presentation of Evidence: Both parties present their arguments and evidence.
  3. Cross-Examination: The builder may challenge your evidence, and you can do the same.
  4. Decision: The RERA authority may order possession, refund, compensation, or penalties.

 

Why Choose Adv. Tapan Choudhury?

With 24 years of experience in real estate law, Adv. Tapan Choudhury is a trusted name for RERA-related cases. His expertise ensures that your complaint is drafted meticulously, and your case is presented effectively during hearings.

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Conclusion
Filing a RERA complaint is a powerful tool to protect your rights as a homebuyer. By following the steps outlined above and seeking expert legal guidance from Adv.Tapan Choudhury, you can ensure a smooth and successful resolution to your real estate grievances.

Check here a summary list of the latest and most relevant judgments under the Real Estate (Regulation and Development) Act, 2016 (RERA) that are helpful for understanding the legal landscape and filing complaints effectively:

  • Jurisdiction of RERA Over Arbitration Clauses

    • Case: M/s. Rashmi Realty Builders Pvt. Ltd. vs. Mr. Rahul Rajendrakumar Pagariya and Ors.
    • Summary: The Bombay High Court ruled that the jurisdiction of RERA is not ousted even if the agreement between the promoter and allottee contains an arbitration clause. The court emphasized that disputes under RERA are non-arbitrable as they affect the rights of multiple allottees and involve public interest. This judgment reinforces the supremacy of RERA over general arbitration laws.
       

  • Refund and Delayed Possession Charges

    • Case: Manjeet Singh Rana Vs. Taneja Developers Infrastructure Ltd.
    • Summary: The Haryana Real Estate Appellate Tribunal (REAT) held that allottees are entitled to delayed possession charges (DPC) until a valid offer of possession, accompanied by an occupation certificate, is made. The tribunal also clarified that builders cannot levy holding charges, aligning with the Supreme Court's earlier rulings.
       

  • Promoter’s Liability and Landowner’s Role

    • Case: Pooja Constructions v. The Secretary & Others
    • Summary: The Kerala High Court clarified that the term "promoter" under RERA does not include landowners unless explicitly indicated. The court ruled that landowners are not required to join the promoter in submitting registration applications. However, landowners can be held liable under Section 31 of RERA if they fail to fulfill their obligations.
       

  • Suo-Moto Powers of RERA Authority

    • Case: TDI Infrastructure Pvt. Ltd. Vs. HRERA, Panchkula
    • Summary: The Haryana RERA Authority invoked its suo-moto powers to ensure compliance with RERA provisions. The authority emphasized that it can review and regulate projects even if the promoter seeks to proceed without adhering to the law. This judgment highlights the proactive role of RERA authorities in safeguarding homebuyers' interests.
       

  • Force Majeure and Refund Claims

    • Case: Vishal Arya v. Unitech Ltd.
    • Summary: The court ruled that the force majeure clause cannot be invoked unless some part of the agreement has been fulfilled. In this case, the petitioner was entitled to a refund with interest as the builder failed to commence construction despite receiving payments. This judgment underscores the importance of timely project execution and accountability.
       

  • Retrospective Application of RERA

    • Case: Avinash Saraf, Neha Saraf v. Runwal Homes Pvt Ltd.
    • Summary: The court held that RERA applies retrospectively to cases where allottees are aggrieved by the actions of builders or promoters, even if the agreement was signed before the enactment of RERA. This judgment ensures that homebuyers can seek redressal under RERA for pre-existing grievances.
       

  • Parking Space Disputes

    • Case: Sanjeev Dhakar Vs. M/s. Arkanade Realty
    • Summary: The court ruled that parking spaces are an integral part of the property and must be provided as per the agreement. If the builder fails to allocate the promised parking space, it constitutes a violation under RERA, entitling the allottee to compensation.
       

  • RERA’s Supremacy Over Local Laws

    • Case: Vinod Kumar Aggarwal v. Jaipur Development Authority
    • Summary: The court affirmed that RERA prevails over local laws in real estate transactions. It also mandated that agreements must be executed before any payments are made, ensuring transparency and accountability in real estate dealings.
       

  • Financial Creditors and RERA Orders

    • Case: NCLAT Judgment
    • Summary: The National Company Law Appellate Tribunal (NCLAT) ruled that allottees who obtain recovery certificates from RERA qualify as financial creditors under the Insolvency and Bankruptcy Code (IBC). This judgment strengthens the rights of homebuyers in insolvency proceedings.
       

  • Builder’s Liability for Delayed Possession

    • Case: Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and Ors. v. DLF Southern Homes Pvt. Ltd.
    • Summary: The court held that builders must hand over possession within the stipulated time or face monetary penalties. In this case, the builder was ordered to refund the amount with interest for failing to complete the project on time.

These judgments highlight the proactive role of RERA in protecting homebuyers' rights and ensuring accountability in the real estate sector. For expert legal assistance in filing RERA complaints or understanding these judgments, you can contact Adv. Tapan Choudhury, a seasoned lawyer with 24 years of experience.
 

Why Choose Adv. Tapan Choudhury?

When it comes to real estate disputes, experience matters. With 24 years of expertise in real estate law, Adv. Tapan Choudhury has built a reputation as a trusted legal expert in RERA cases. Whether you're filing a complaint against a builder or seeking justice for project delays, his meticulous drafting and strong representation ensure that your case is presented effectively.

Let an expert handle the legal complexities while you focus on what matters most—your dream home.

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