INTRODUCTION
The real estate industry was not regulated for a very long period. There were very few remedies available at the disposal of homebuyers if they experienced inconvenience. Due to the lengthy judicial proceedings, the majority of homebuyers were at the vulnerability of the builders. A suitable complaint process has been established as a result of the Real Estate (Regulation and Development) Act, 2016 (hereinafter mentioned as RERA) to achieve a high swift case settlement in the real estate industry guaranteeing transparency in the transfer of deals. The RERA Act became operative on May 1, 2016.
A complaint regarding a housing dispute may be submitted with the RERA.[1]
RERA encourages investment in the real estate industry. Investing in RERA-approved projects is secure and advised. Rights as a buyer are protected when investing in a project that has received RERA approval. RERA guarantees timely possession and legal compliance. RERA enforces fines and prison time for default.
TO WHOM THE RIGHT TO LODGE A COMPLAINT HAS BEEN INCUMBENT?
Section 31 (1) of the Act says; “Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder, against any promoter, allottee, or real estate agent, as the case may be.”[2]
It simply means; that for any breach or transgression of the terms of this Act or the laws and rules issued thereunder, against any promoter, allottee, or real estate agent, as the case may be, any aggrieved person may submit a complaint with the Authority or the adjudicating officer.
AGAINST WHOM A COMPLAINT CAN BE LODGED?
The developer or builder is subject to a number of requirements under RERA. A person has specific rights under RERA as a homebuyer. He has the right to complain to the builder if they don't uphold their end of the bargain or breach your rights. A property buyer may register a complaint under RERA against the following parties in addition to the builder:[3]
● Promoter
● Real estate agent
● Contractor
● Intermediary
Any of the aforementioned will face punishment if they are proven to have violated a RERA act provision. The following would carry severe penalties for noncompliance:
● RERA Act
● RERA Tribunal
● Directions from the RERA
● Orders
KEY PENALTIES IN THE RERA
● A severe fine of up to 10% of the project's anticipated cost or a prison sentence of up to 3 years is imposed for failure to register with RERA. RERA occasionally has the power to impose both jail time and fines.[4]
● Giving incorrect information carries a penalty of 5% of the anticipated building cost as well.[5]
SITUATIONS UNDER WHICH A COMPLAINT CAN BE FILED
Delay in handing over the possession: The buyer may lodge a complaint against the builder if the builder delays giving the buyer ownership of the property to get quick delivery of possession or to obtain a full refund plus interest.[6]
Improper Registration of a Project: Every project needs to be registered with RERA. A complaint may be lodged against the builder if he tries to sell off an unregistered project.[7]
Connive details about the Project: The RERA website must be updated with all information flow, including the project management plan, architecture, and official clearances. If a builder or developer overlooks this clause, a complaint may be made.[8]
Limitation to Advance Payment: The bar has been set only up to 10% of the price of the property in question, which may be requested in advance by the builder. The buyer may lodge a complaint against the builder if the builder demands more than 10%.[9]
Structural Defects: The promoter would be bound to make good of the allottee of his payments in the event that there are any structural flaws in the craftsmanship or standard of the services. The purchaser may complain if they are not given compensation.[10]
Fabricated Advertisement: If deceptive marketing deceived a buyer and caused him or her to decide to deposit money with the promoter, a complaint may be made against the promoter, developer, or endorsers.[11]
Ownership Transfer: A promoter is not allowed to give away majority rights to anyone else or any third party. One may bring a complaint if it is determined that they have given majority rights to a third party without the approval of the two-thirds majority of allottees.[12]
Usually, to lodge a complaint, a purchaser must submit a RERA complaint form besides the necessary fees. Before a RERA or adjudicating officer, you can submit a RERA complaint form with the required supporting documentation and payment. After receiving the complaint, the authorities set up an inquiry bench to hear from both parties. Usually, the dispute is resolved within 60 days of the complaint being filed.
ROLE OF A LEGAL NOTICE
A complainant must provide legal notice to the construction business or the builder before bringing a case in the consumer court against any function Object. It is required by law that the consumer notify the relevant developer of the unfair practices and provide the other party a chance to reply. You can go to the consumer court if the developer refuses to provide the compensation or ignores the given notice.[13]
HOW TO LODGE A COMPLAINT UNDER RERA
Most of the states now provide a viable online platform that allows buyers to comply with RERA doing away with the submission of hardcopy of the required paperwork with the form. On the official RERA website of the relevant state, the form may be submitted online. The status of the complaint may be checked online. The concerned parties would be informed of the same via the registered mobile number. To achieve quicker resolutions, it is crucial for the complainant to file his complaint with RERA by the provisions and instructions supplied by the relevant state Real Estate Regulatory Authority.
MADHYA PRADESH
By submitting “Form M,”one can lodge a complaint against a developer or agent.
1. According to the Real Estate (Regulation & Development) Act, the complaint cost is INR 1000.
2. The steps to be taken for payment are:
Your browser will lead you to the payment gateway when you’ve submitted the registration form. To pay the money, pick one of the available choices. Send in the information needed. You’ll be routed to a page with a Success or Failure notification in the last step.
To lodge a complaint, click here:
The process for filing a complaint under RERA is mostly the same throughout most states, with a few exceptions —
UTTAR PRADESH
Any dissatisfied buyer may file a complaint with the Uttar Pradesh RERA for any Act violation by completing "Form M" and paying a cost of Rs 1,000.
To lodge a complaint click here:
MAHARASHTRA
MahaRERA has created an online site for the registration of complaints. This website requests from the complainant all the information needed to resolve the complaint. Only Real Estate Projects or Agents Registered under MahaRERA may be the subject of a complaint. You can send an email with source information about your project if it isn't registered on MahaRERA.
To lodge a complaint Click here
ASSAM
People must fill out the form and hand it into the office in order to file a complaint about one of the RERA-approved projects in Assam.
BIHAR
Choose whether you want to file a complaint with RERA or a decision-making body by going to the complaint registration page on the RERA Bihar website. The form can be completed online, and it must include all the information requested in the "Complaint Against" section as well as a statement about whether or not the project is registered with RERA Bihar. To lodge a complaint Click here
Links have been provided for the other state’s RERA––
CHATTISGARH Click here
DELHI Click here
GOA Click here
GUJARAT Click here
HARYANA Click here
HIMACHAL PRADESH Click here
JHARKHAND Click here
KARNATAKA Click here
KERALA: Click here
MIZORAM Click here
ODISHA Click here
PUNJAB Click here
RAJASTHAN Click here
TAMIL NADU Click here
TELANGANA Click here
TRIPURA Click here
UTTARAKHAND Click here
WEST BENGAL Click here
STEPS TO BE FOLLOWED WHILE LODGING A COMPLAINT
The buyer must fill out the form with the following information in order to make a complaint with RERA:
● Information about the Applicant which includes address, name so on, and so forth.
● The project’s registration number must be included.
● The form must be expressing a full explanation of the facts and claims.
● The answer that was provided by the developer.
● Request for interim relief obtained from RERA.
After registering, you must log in to submit the complaint. A complainant must provide both personal and project-related information when filing a complaint. Corroborative evidence can also be attached.[14]
If RERA makes a decision in the builder's favor and the complainant is dissatisfied with it, he has 60 days from the date you get the order to file an appeal with the RERA Appellate Tribunal. Under Section 44 of the RERA Act, 2016, one may appeal a RERA decision.[15] Anyone who feels wronged by a decision made by the RERA Authority or the RERA adjudicating officer may file an appeal with the appropriate State RERA Tribunal by filing "Form L."
CONCLUSION
It took a law like RERA to restore trust in the real estate market in our nation. Real Estate is one of the main sources of income in the country, thus some transparent administration authority is required to keep developers in check. The Act has taken appropriate and consistent actions to encourage the development of the sector owing to its commitment to the timely and efficient implementation of the nation's real estate law. There will be fewer litigation because there are strict rules and restrictions within highly corrupt businesses. The creation of rules is also a significant advancement in terms of increasing customer, marketer, and developer education. It helps create a level playing field for both consumers and developers, abating the dangers that people previously faced. The modernization of land registry, land registration, and GST may be prioritised in the future, much like RERA, for the expansion of the real estate sector.
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[1] The Real Estate (Regulation and Development) Act, 2016
[2] The Real Estate (Regulation and Development) Act, 2016, § 31(1), Acts of Parliament, 2016 (India).
[3] The Real Estate (Regulation and Development) Act, 2016, § 31 (1), Acts of Parliament, 2016 (India).
[4] The Real Estate (Regulation and Development) Act, 2016, § 59 (2), Acts of Parliament, 2016 (India).
[5] The Real Estate (Regulation and Development) Act, 2016, § 61, Acts of Parliament, 2016 (India).
[6] The Real Estate (Regulation and Development) Act, 2016, § 15(2), Acts of Parliament, 2016 (India).
[7] The Real Estate (Regulation and Development) Act, 2016, § 11 (1) (a), Acts of Parliament, 2016 (India).
[8] The Real Estate (Regulation and Development) Act, 2016, § 11 (1) (f), Acts of Parliament, 2016 (India).
[9] The Real Estate (Regulation and Development) Act, 2016, § 13 (1), Acts of Parliament, 2016 (India).
[10] The Real Estate (Regulation and Development) Act, 2016, § 14 (3), Acts of Parliament, 2016 (India).
[11] The Real Estate (Regulation and Development) Act, 2016, § 12, Acts of Parliament, 2016 (India).
[12] The Real Estate (Regulation and Development) Act, 2016, § 15, Acts of Parliament, 2016 (India).
[13] 99 Acres, https://www.99acres.com/articles/how-to-file-a-complaint-under-rera.html (last visited October 5, 2022)
[14] Saumya Shekhar, Understanding RERA and How to file a complaint under RERA. BLOG (October 5, 2022, 8:40 PM), https://www.legalkart.com/legal-blog/understanding-rera-and-how-to-file-a-complaint-under-rera
[15] The Real Estate (Regulation and Development) Act, 2016, § 44, Acts of Parliament, 2016 (India).
This article is written by Madhur Anand of National Law Institute University, Bhopal.