We can help you with following issues with your property:
- Structural Defects
- Delay in Possession
- Advance Payment
- Ownership Transfer
- Incorrect or No details about the Project
- False Advertisement
- Improper Registration of a Project
Have you bought a property and faced problems related to possession delay, non-refund for abrupt project suspension, or the builder started demanding more money than what was agreed to?
If Yes, then, RERA is for your help. RERA covers all property-related problems, starting from property plan being different from what was promised earlier to actions that can be taken when a builder doesn’t give possession on your propterty on time.
RERA has not only enabled a regulatory framework and provided an avenue to fast-track dispute resolution, but has also infused the much-needed transparency into the sector.
It is an initiative by Indian Government to enhance transparency in the real estate related transactions by creating uniform and systematic regulatory environment. This helps in protecting consumer’s interest and making real estate developers liable for timely completion of projects.
How does RERA help empower property buyers?
As per the act rules and statutes:
- A consumer is entitled to receive information about the sanction plan, approved layout plan, stage wise progress of the project.
- It also includes the carpet area and facilitations of basic amenities and services such as drinking water, electricity, sanitation, parks, etc.
- The consumer has the right to claim possession of the unit and the association of consumer imposition of the common areas as it was declared by the real estate developers.
- In case if the real estate developer doesn't deliver what was promised then the consumer is backed by the right to claim refund of amount paid with prescribed interest and compensation for the same.
How to file a complaint under RERA?
- To file a complaint with the Authority, the complainant needs to visit the State’s official website. On the portal, search for the page of Complaint Registration.
- Click on the complaint registration link. You will be taken to the complaint form where you are required to fill the details of the complaint. Fill in all the details and upload asked documents in support of your complaint
- Once the form is fully filled, you can pay the required fee. You will have to pay higher fee if you are filing before the Adjudicating Officer. Payment can be made online for RERA
What is the roles and responsibility of a Real Estate Developer according to RERA?
According to the Act:
- It is mandatory for the real estate developer to register the project with the RERA and obtain a valid registration number before proceeding
- Any kind of marketing, advertising or selling of units is strictly prohibited before the registration of the project
- The real estate developer is required to submit all documents related to the project which is considered necessary by the RERA
- The real estate developer must deposit 70% of the payment received from the consumers in an escrow account and ensure that the amount is solely used for the development of the project for which it was taken
- Must adhere to the project plan at all times
- Refund the money taken from the consumers with an applicable interest in case the project cannot be completed
- Compensate the consumer for the time delay, if any.
- To repair any structural defects in the construction even after 5 years of handover of the project
Anyone can file a complaint if they possess the knowledge to draft an accurate statement including the relief sought from RERA. Hiring a lawyer is not mandatory. However, it is always advised to get professional help.
Yes, you can check the status of your RERA complaint by visiting the RERA website of your respective state.
A buyer or consumer should ensure following is fulfilled:
- It is mandatory for Consumer according to the agreement to make payments on time to the real estate developer.
- The consumer is liable to pay the share of registration charges, Municipal taxes, maintenance charges, electricity charges, water supply charges, ground rent, etc.
- Required to take possession within 2 months of issuance of Occupancy certificate by the real estate developer
- Failure in paying payment shall make the consumer liable to pay prescribed interest to the developer
- It is the responsibility of the consumer to actively participate in the formation of association and/or cooperative society
Section 40 of the Act states that if the promoter, allottee or real estate agent fails to comply with the order passed by the adjudicating officer or the RERA Authority, the buyer can file for the execution of the order and can recover the amount of compensation as an arrear of land revenue.
You have the option to appeal to Appellate Tribunal within a prescribed period of time. If you are, still after applying to the appellate tribunal not satisfied by its verdict, then you can appeal to the high court within 60 days of receiving the decision.
In such cases, the RERA shall consult the government to employ a competent authority to complete the project.
The 2016 act covers all the bodies, regardless it is private or public which develop projects to sell to generic public. Section 2 of the act defined developer which includes both private and public real estate developers.
It is made necessary in the act for the developer to specify both carpet area and super built-up area to the consumer in the brochure itself in order to let know the consumer or the consumer has the knowledge that what he/she is paying for.
RERA allows a homebuyer a choice of seeking either interest on delayed possession or a complete refund of the money paid along with interest thereon. However, if the builder fails to provide the desired compensation, severe penalties have been rolled under RERA ranging from imprisonment to registration cancellation
The developer can face an imprisonment for a period up to three years with a fine up to 10% of the total estimate cost of the project, if he violates any order of the tribunal.
Once the RERA Authority passes an order relevant section of the RERA Act, the builder has 45 days to execute the order as prescribed and provide compensation, if any. If the builder fails to enforce the order, the buyer can file for the execution of RERA complaint against the builder before the same authority.
No, You cannot file a complaint before RERA if you have already filed a case against the builder before the consumer forum. If you wish to file the complaint before RERA, you will first be required to withdraw your case from the consumer forum and thereafter file a complaint before the RERA. The law clearly states that complaints before the NCDRC (consumer forum) and RERA cannot be simultaneously pursued. Hence, it is necessary to first withdraw the case from NCDRC before approaching RERA.
Yes, generally, the projects having more than 500 sq. metres of area or is having a total number of apartments which are counted more than eight is needed to be registered by RERA.
Under the Consumer Protection Act, 1986, a homebuyer can register a complaint under Section 2(1) (c) for deficiency in services. The term deficiency in services refers to any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance, which is required to be maintained as per the law.
As per the latest ruling by the National Consumer Disputes Redressal Commission (NCDRC), buyers can seek refund from the developer if the possession of the house or a flat is delayed beyond one year.