Introduction
The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was enacted to protect the rights of homebuyers and regulate the real estate sector in India. The provision establishes Real Estate Regulatory Authorities in different states to handle disputes between buyers, builders, promoters, and real estate agents.
A buyer may file a complaint under RERA for issues such as delayed possession, false promises, structural defects, hidden charges, or violations of approved project plans.
Who Can File A Complaint Under RERA?
Any allottee, homebuyer, investor, association of allottees, or person affected by a real estate project may file a complaint under the Real Estate (Regulation and Development) Act, 2016.
Complaints may also be filed against promoters, developers, builders, or registered real estate agents for non-compliance with the provisions of the Act or project obligations.
Where Is A RERA Complaint Filed?
A RERA complaint must generally be filed before the Real Estate Regulatory Authority of the state where the project or property is located. Most states provide online complaint filing facilities through their official RERA portals.
The complainant must usually create an online account, complete the complaint form, upload supporting documents, and pay the prescribed filing fee before submission.
What Are The Common Grounds For Filing A RERA Complaint?
Homebuyers commonly file complaints under RERA for delayed possession of flats or apartments, false advertising by developers, structural defects, unauthorised changes in project plans, illegal collection of extra charges, or failure to provide promised amenities.
Complaints may also arise where builders fail to obtain occupancy certificates, completion certificates, or approvals required under law.
What Information Must Be Included In A RERA Complaint?
The complaint should contain details of the complainant, promoter or builder, project information, and the nature of the dispute. The complainant should clearly explain the grievance and specify the relief sought from the authority.
Reliefs may include refund of money, possession of property, compensation for delay, correction of defects, interest payments, or directions against the developer.
What Documents Are Required For Filing A RERA Complaint?
The complainant should generally attach copies of the agreement for sale, allotment letter, payment receipts, bank statements, correspondence with the builder, brochures, advertisements, and any other supporting evidence connected with the dispute.
Photographs, videos, or technical reports may also be submitted if the complaint relates to construction defects or incomplete work.
How Is The Filing Fee Paid Under RERA?
Most RERA authorities require payment of a prescribed complaint filing fee. The fee amount varies from state to state and may differ depending on whether the complaint is filed before the Regulatory Authority or the Adjudicating Officer.
The payment is usually made online through net banking, debit card, credit card, or UPI facilities available on the RERA portal.
What Happens After Filing The Complaint?
After submission, the authority generates an acknowledgment or complaint number that may be used for future tracking. The RERA authority then examines the complaint, issues notice to the opposite party, and schedules hearings if required.
Both parties are generally given an opportunity to present documents, evidence, and arguments before the authority passes its final order.
How Long Does It Take For RERA To Decide A Complaint?
The Real Estate (Regulation and Development) Act, 2016 aims to ensure speedy dispute resolution. RERA authorities generally attempt to dispose of complaints within 60 days from the date of filing, although the actual time may vary depending on the complexity of the dispute and procedural requirements.
Conclusion
The RERA authority may direct the builder or promoter to refund amounts paid by the buyer, hand over possession, correct defects, complete pending work, or pay compensation and interest.
The authority may also impose penalties for violations of the Real Estate (Regulation and Development) Act, 2016 and issue directions to ensure compliance with project obligations and legal requirements.
