RERA (Real Estate Regulatory Authority) is a monumental step towards strengthening Indian Economy. How? Well, it is a well-known fact that the real estate and its ancillary industries altogether make a major contribution in the growth of Indian Economy, but due to lack of organization and absence of control, this sector is not able to perform to its maximum potential. A real estate regulatory bill, therefore, was a much required regulatory act, as a method to bring in transparency and accountability – both of which are crucial for attracting investors and buyers and also to understand when and how to file a complaint under RERA.
Up until now, the land mafia, unorganized approach in dealings and no accountability were a few factors leaving the buyers interest in lurch. Increase in the cases of unaccounted income, Benaami property and fraudulent transactions were proving to be detrimental to the buyer sentiment. With the introduction of the real estate regulatory bill, the Government has provided an appellate authority for the buyers as well as the builders to put forth their cases and safeguard their interest eventually.
The stage for RERA is set, guidelines are chalked clearly and the impending impact is also explained in detail. Now, the only task left, is to educate and guide people so that they can benefit from this controlling authority, which is seen as nothing less than a magic wand. The success of real estate regulatory bill depends largely upon its implementation. So, presented here is an overview of how and when to use RERA to file a complaint and get the issue resolved within an organized framework.
Here is when RERA can be of great help
A distressed home buyer needs a legal tool to raise questions when the promises made by the builders are not kept. One of the various benefits of RERA for homebuyers is that the presence of a regulatory authority would prompt the builders to complete projects within deadlines. It would help the buyer to enjoy better value from the investment in addition to added peace of mind.
Thus, RERA can be approached if:
- The builder fails to quote reason why the project is not registered with RERA, especially when it falls under the purview of this regulatory authority.
- The builder does not include the features that he promised in catalogue in final delivery
- It can be approached to settle the dispute of titles of property
- RERA offers platform for complaint to the claimants who have area measurement issues
- RERA is also available to solve the issue if the land is used for other purposes than pre-defined ones
- To get the cases solved waiting for adjudication under National Consumer Disputes Redressal Commission (NCDRC).
The complainant can also approach RERA in case of violation of RERA rules by any project. This complaint has to be filed within prescribed time limit, if any kind of contravention of rules and provision laid out in RERA is found in dealing.
So, when you find yourself stuck in any of the situations mentioned above, you must approach RERA as soon as possible.
Another question worth contemplating is the time limit for filing the case in RERA. First of all, there is no time restriction to file a complaint under RERA. Still, the provisions of Limitations Act, 1963 is to be followed to ensure that RERA proves its efficacy when approached on time. Also, this Limitation Act will prevent the misuse of RERA.
How can one file a complaint under RERA
It is worth noticing that the states are free to adopt their procedures to implement this regulatory bill. However, there are form ‘M’ and form ‘N’ which are common to all states and union territories, required to be filled by the complainant. Hence, it is essential to know what formalities are laid down by the state and union territories, commanding the jurisdiction of your case, for filing the complaint under RERA.
While filing the complaint, the complainant has to fill the forms as rendered requisite by the respective state. He has to furnish the information such as:
- His particulars and that of the entity responsible for responding to the complaint
- Project details such as its registration details and the place of commencement
- A brief overview of the facts of the case and the claim made
- Statement of immediate and interim reliefs applicable.
It is a well known fact that the customer grievance redressal bodies such as NCDRC are not able to provide speedy solutions; eventually, the cases are piling up beyond control. The end effect is a distressed buyer who has no option but to wait for the verdict, in fact, for his case to come up for hearing at the first place.
Why should you file a complaint under RERA
National Customer Dispute Redressal Commission (NCDRC) is already overloaded with a variety of disputes, ranging from late delivery to fault products. In such a scenario, the problem of property dispute, no matter how big it is, continues to stay stuck without resolution. A separate entity devoted to real estate issues can speed up the resolution process. Complaint under RERA is to be resolved within a restricted time period. Thus, quick resolution is one of the many benefits of RERA for homebuyers.
How to lodge a complaint under RERA?
• A voluntary consumer or an association of aggrieved allottees can approach the Real Estate Regulatory Authority or the adjudicating officer to file a complaint.
• The authority thereby decides on the fees.
• The authority may direct whether the grievances to be heard and judged by a single bench of either the chairperson or any member of the authority.
• On the appointment of an adjudicating officer, the Appellate Tribunal holds an inquiry in the prescribed manner, after giving any person a reasonable opportunity of being heard.
• Redressal for claiming compensation will be dealt by the adjudicating officer as efficiently
and expeditiously as possible as the case has to be settled within 60 days from the date of
receipt of the application.
To sum up, it is advisable to act fast in filing a complaint to get the benefits of RERA for homebuyers. They can can get any of the following stated below based on the nature of their complain:
- get interim or permanent relief depending upon the case
- question promoters for late delivery
- expect expeditious settlement of complaint
- rest assured of no ambiguity in area measurements
- hold promoters liable for delayed delivery and claim compensation
- enjoy security of an adjudicating authority governing the real estate deals
So, what are you waiting for? Give your dreams the wings to fly, but with the security of RERA, with HousingMan. This regulatory bill is the best thing happened to the homebuyers and also to the buyers of properties of various types. With such bill in place, you can invest in properties fully secured from all aspects, and in case of any dispute, can come out of the soup, too, in minimal time span.
