A Simple Guide for Homebuyers: How to File a RERA Complaint

Purchasing a home is a significant milestone, but encountering issues like project delays or misleading information from builders can be disheartening. The Real Estate (Regulation and Development) Act, 2016, or RERA, was brought into existence so that the interests of the buyers are protected, thus helping bring accountability and transparency to the real estate market. If there are issues you are facing while you are still in the process of purchasing the property, a RERA complaint can be an effective means to seek justice. In this article, you will learn how to file a RERA complaint and its importance.

Understanding RERA and Its Importance

RERA was formulated to enhance accountability and transparency in the real estate industry. According to this act, any real estate project that exceeds 500 square meters of land area or involves more than eight residential or commercial units must be registered with the respective state RERA authority. This registration ensures that builders adhere to announced project deadlines, specifications, and financial disclosures. Additionally, RERA empowers homebuyers to address grievances related to project delays, structural defects, or discrepancies between promised and delivered amenities. The requirement for registration is clearly outlined in the Real Estate (Regulation and Development) Act, 2016, which mandates that developers cannot sell, advertise, or market their projects without RERA approval.

Who Can File a RERA Complaint?

RERA complaints are not limited to homebuyers only. If you have invested in a real estate project and feel cheated, you can take legal action. Here's who can file a complaint:

• Homebuyers: If your builder is not living up to his or her promises—through project delays, false advertisements, or poor-quality construction —you can complain.
• Investors: If you have invested your money in a real estate project that has shown mismanagement of funds or indulgence in a scandal, you can lodge a complaint.
• Associations: Groups of buyers from the same project can file a complaint together.

Before proceeding, ensure the project is registered under RERA and that the builder has violated specific provisions of the Act.

Common Grounds for Filing a Complaint

The reasons why a homebuyer may choose to file a RERA complaint include:

• Delayed Possession: The builder has failed to hand over the property within the agreed time frame.
• False Advertising: The delivered project significantly differs from what was advertised or promised.
• Structural Defects: Quality issues in construction or use of low-quality materials.
• Unauthorised Changes: Changes in project plans or specifications without the consent of the buyer.
• Financial Mismanagement: Misappropriation of funds that cause delay or failure to complete the project.

Procedure to Lodge a RERA Complaint

Below is the RERA complaint procedure:

1. Collect Required Documents

Before filing a complaint, one needs to gather all the relevant documents, which include:

• Sale Agreement: An agreement between you and the builder stating the terms of purchase.
• Payment Receipts: All the payments done on the property.
• Correspondence: Emails, letters, or messages exchanged with builders on the issue.
• Project Details: RERA registration number of the project with relevant details.

Having all these in one place will surely help in building the case and also make the complaint filing process much smoother.

2. Check the State RERA Portal

Each state in India has its own RERA authority and a dedicated website. Visit the RERA portal of your state to access the complaint filing area. For example, Maharashtra's portal is MahaRERA; Karnataka's is K-RERA.

3. Fill Up the Complaint Form

On the portal, you need to look for the complaint registration section. Here you may be required to input:

• Personal Details: Your name, address, etc.
• Project Details: Provide the project name, builder's name, and RERA registration number.
• Complaint Details: Mention the grievance with supporting documents.
• Relief Sought: Specify what relief you are seeking, such as a refund, interest for delay, or completion of pending work, among others.

Ensure that all details are correct and complete to avoid delay in processing.

4. Pay the Applicable Fee

The fee for filing a RERA complaint is nominal and differs from state to state. For instance, some states charge ₹1,000 for general complaints, while others may have different fee structures. The payment can be done online through the portal using net banking, credit/debit cards, or other accepted methods.

5. Submit the Complaint

Submit the complaint through the portal after completing the form and making the payment. After the successful submission of your complaint, you will get an acknowledgement with a reference number. Keep it safe because that reference number would be useful in tracking the status of your complaint.

6. Hearing

Once your complaint is reviewed, the RERA authority will schedule a hearing. Both you and the builder will be notified of the date and time. During the hearing, present your case clearly, supported by the evidence you've provided. The authority will then assess the details and issue a verdict based on the merits of the case.

7. Post Complaint Action

If you are not satisfied with the order passed by the RERA authority, then you can appeal to the RERA Appellate Tribunal within 60 days of the passing of the order. If the result is still not in your favour, you can appeal further to the High Court and, eventually, the Supreme Court.

Conclusion

Buying a house should be an enjoyable process rather than a fight in the courtroom. However, if your builder has failed to fulfil promises; don't hesitate to step forward and complain under RERA. The homebuyer RERA complaint is formulated with the motive to empower the buyer, provide accountability, and expedite justice. By following these few steps, one can easily complain and protect their investment of hard-earned money. 

FAQs on How to File a RERA Complaint

What is the time limit for filing a RERA complaint?

There is no strict time limit mentioned under RERA, but it is advisable to file the complaint as soon as you identify the issue to avoid unnecessary delays in resolution.

Can I file a RERA complaint against an unregistered project?

No, RERA complaints can only be filed against projects that are registered under the respective state’s RERA authority. If the builder has not registered the project, you may need to approach the consumer court.

What happens if the builder does not comply with the RERA order?

If the builder fails to comply with the RERA order, penalties, fines, or even imprisonment can be imposed. You can also escalate the matter to the RERA Appellate Tribunal for further action.

Can I file a RERA complaint against a completed project?

Yes, a RERA complaint can be filed even after project completion if there are issues like structural defects, non-fulfilment of promised amenities, or other violations within the defect liability period.

Can I file a RERA complaint online?

Yes, most state RERA authorities provide a portal in which buyers can describe their grievances with proper documentation.