How to File a Complaint in RERA Jammu & Kashmir?

Updated on July 08, 2024 02:47:07 PM

In Jammu & Kashmir's dynamic real estate market, protecting buyer's rights and ensuring fair transactions are paramount. As a beacon of hope for homebuyers, RERA promotes transparency and accountability in the real estate industry. The provision under RERA that allows aggrieved parties to lodge complaints is among its many strengths. If you don't have a clear roadmap for filing a complaint, the process can seem complicated.

In this article, we provide a step-by-step guide to filing a complaint in RERA Jammu & Kashmir to dispel any apprehensions. In this comprehensive guide, you will acquire the knowledge you need for navigating the Jammu & Kashmir RERA process effectively, whether you are a homebuyer experiencing undue delays or a real estate agent who is experiencing compliance issues.

table content image

What is RERA?

RERA is an Indian law that regulates the real estate industry, promotes transparency, and protects home buyers' interests. RERA stands for "Real Estate Regulatory Authority" also known as “RERA Act”. This Act was issued by the Indian Government in May 2016 for protecting the interest of the home buyer and boosting investment in the real estate industry.

In the RERA Act 2016, the Government of India clearly mentioned that RERA Registration is mandatory for every builder and developer who intend to sell any residential and commercial properties. This registration aids to maintain transparency, accountability and efficiency among the buyer and seller.

Grounds for Filing the Complaint in RERA Jammu & Kashmir

There are several grounds mentioned below when the homebuyer can raise issues and file a complaint in RERA Jammu & Kashmir against of builders/Agent:

  1. Delayed Possession: If the builder/developer promises or ensures the timeline for delivering property but fails in such a case, the homebuyer can file a complaint in RERA Jammu & Kashmir.
  2. Alteration in Plan: In such a situation, the builder makes any unapproved alteration so, the homebuyer can file a complaint in RERA Jammu & Kashmir against the builder. If the builder wants to make some changes they have to get NOCs from the ⅔ allottees otherwise they could pay penalties.
  3. Quality of Construction: If the quality of construction is not appropriate as promised by the builder, within five years the homebuyer can also file a complaint in RERA Jammu & Kashmir.
  4. Misrepresentation: In many cases, the builder or agent represents the plan differently from what the buyer got so in this case the buyer also raises an issue and files a complaint against them.
  5. Non-Compliance with RERA Registration: According to the RERA Act 2016, every builder who develops any project that has land of more than 500 sq. metres and 8 apartments must get the RERA Registration.If any builder sells their properties illegally or without RERA Registration, a complaint can be filed in RERA.

Steps to File Complaint in RERA Jammu & Kashmir

Step-by-step guidance to file a complaint in RERA Jammu & Kashmir is given below:

Step 1: Gather Thorough information

When a buyer or individual wants to file a complaint in RERA Jammu & Kashmir against the buyer or agent, firstly he/she has to gather all necessary information. This information includes project details, project plot number, photographs, sale agreement, payment receipt, etc.

If there will be any unnecessary and wrong information submitted during the filing complaint, there is a higher chance of rejection and no action will be taken on it.

Step 2: Identify Jurisdiction

Every state has their own RERA authority. Therefore, the complainer has to file a complaint where the project has been situated. Few states have not established their RERA authority till now. In this situation, the complainer has to file a complaint in the civil court of that place.

Step 3: Filing & Submission of the Complaint Form

In order to file a complaint against a builder, the complainant must gather information and identify the jurisdiction. This form requires all the necessary details from the buyer/complainant who proves the builder is guilty. A payment must also be made along with this form. Each state's RERA authority has a different fee structure, so the fees can vary from state to state.

Step 4: Wait for Hearing

In the next stage after submitting the complaint form to the RERA authority, they check and examine all the aspects mentioned in the form. A hearing is conducted after this and calls both parties. At this hearing procedure, both parties have the right to prove their side and present themselves.

Step 5: Order of RERA

The RERA authority will make a decision based on the grounds of the case. The authority seeks a timely resolution of the claims.

Required Documents and Details for Complaint in RERA Jammu & Kashmir

There are some documents and details mentioned below that are required for a complaint in RERA Jammu & Kashmir:

  • Identity & Address proof
  • Sale Deed
  • Payment proof
  • Project Details
  • Videos or Photographs of the project site
  • Any other documents related to the project

Fees for Complaints in RERA Jammu & Kashmir

There are Rs. 1000 Government fees for complaints in RERA Jammu & Kashmir. If the buyer hires or gets help from any lawyer/attorney, there will be their own professional fees. However, the total fees for a complaint will be official government fees including attorney’s fees.

Litem Legalis will help you to file a complaint in RERA Jammu & Kashmir at a very affordable and lowest cost.

Why Litem Legalis?

Filing a complaint in RERA Jammu & Kashmir is a long procedure that needs professional advice and help. Here Litem Legalis will be your best choice for filing the complaint in RERA Jammu & Kashmir against the builder. There are several reasons for choosing us such as:

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

RERA Jammu & Kashmir offers homebuyers the opportunity to file complaints against builders and promoters to secure their rights. The entire process may take 45 days. These days, the authority looks into all aspects of the complaint and protects a person's investment. It contributes to maintaining openness and helping to rebuild trust in the real estate sector.

Before deciding on lodging a complaint, the complainant must have all the necessary information. The complaint may be rejected if the authority discovers any inaccurate information. The buyer must thus get legal advice from an experienced lawyer first.

Frequently Asked Questions (FAQs)

What is RERA?

RERA is an Indian law that regulates the real estate industry, promotes transparency, and protects home buyers' interests.

What is the fee for a complaint under RERA?

The fee for a complaint under RERA is Rs. 1000 in most states, Rs. 5000 in Tamil Nadu & Maharashtra and Rs. 500 in Himachal Pradesh.

What details are required for a complaint in RERA?

Identity proof, Address proof, Sale deed, payment proof, RERA Registration details and project-related details are required for filing the complaint in RERA.

Who needs to Register under RERA?

Any builder who develops any project that has land of more than 500 sq. metres & 8 apartments and a Real Estate agent needs to Register under RERA.

Get In Touch

Support

Speak Directly to our Expert Today