RERA Complaint

WHAT IS RERA

The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was a landmark legislation introduced to bring transparency, accountability and efficiency to the Indian real estate sector. Before the enactment of RERA, homebuyers often found themselves at the mercy of developers, with little recourse for delays, poor construction quality or deviations from promised specifications.

RERA was established to protect the interests of homebuyers and ensure fair practices in the real estate industry. One of the most significant provisions under RERA is the mechanism for filing complaints against errant builders, promoters and real estate agents. 

WHAT ARE THE REASON FOR FILING A RERA COMPLAINT

• Delay in possession
• Defects in construction
• Deviation for approved plans
• Non-compliance for rera regulations
• False advertising
• Overcharging
• Ownership transfer

RIGHTS OF BUYERS UNDER THE RERA ACT

• Transparency: Transparency in area measurements, payment structure, project completion timelines, penalties for delay or legal issues will be covered under the provisions of the Act.
• Clarity in Area Measurements: The builder is required to quote the price of the carpet area and not other units like built-up, super built-up or PFS, etc. This ensures uniformity in price terms laid down by builders.
• Claim Refund: A buyer is eligible for claiming a full refund and interest post the due date. In case the buyer wants to wait it out, the builder has to pay 10% interest every month until handing over the property.
• Speedy Trial: Adjudicating mechanism to be put in place for expeditious hearing and disposal of appeals/complaints.
• Financial Discipline: Builders are asked to keep 70% of the funds in one escrow account for each project. If the builder is caught using the funds of one project for another, he can be penalized and jailed for a maximum of 3 years.

HOW CAN LAWTECH HELP IN RERA COMPLAINT

1. Understanding RERA Provisions:

• We are well-versed in the Real Estate (Regulation and Development) Act, 2016, and the specific state-level RERA rules. We can explain the relevant provisions, timelines, and the scope of the law to the client.

2. Identifying the Nature of the Complaint:

• We helps assess the nature of the complaint, whether it pertains to delayed possession, defective construction, lack of occupancy, non-registration of the project, or any other issue that falls under RERA’s jurisdiction.

3. Filing a Complaint:

• We help draft and file the complaint with the relevant RERA authority. We ensure the complaint is structured in a manner that complies with RERA’s format, contains all necessary evidence, and adheres to legal procedures.

4. Gathering and Organizing Evidence:

• A strong case relies on proper documentation. We assist in gathering all supporting documents, such as agreements, receipts, photographs, and communication records, to support the complaint.

5. Negotiation and Settlement:

• In some cases, we might be able to negotiate a settlement between the client and the builder/developer before formal proceedings begin. This can help save time and effort, especially if the builder is willing to resolve the issue amicably.

6. Representation at Hearings:

• If the matter goes before the RERA authority or any other judicial body, we can represent the client during hearings. They will present the case, argue on the client’s behalf, and ensure that all legal aspects are thoroughly addressed.

7. Ensuring Timely Action:

• RERA complaints have strict timelines. We ensure that all actions, such as filing complaints and attending hearings, are completed within the specified time limits to prevent delays in the case.

8. Appeals and Further Legal Recourse:

• If the client is dissatisfied with the RERA authority’s decision, we can help file an appeal before the Appellate Tribunal or pursue further legal actions in civil courts if necessary.

9. Providing Legal Advice:

• Throughout the process, we offer ongoing advice regarding the client’s legal rights, potential outcomes, and next steps, helping the client make informed decisions.