How to File Complaint in RERA?

Updated on August 30, 2024 06:45:05 PM

Every individual dreams of owning a home or property that serves as an investment. Unfortunately, buyers/consumers are often unaware of their rights and fall victim to fraud because of their lack of knowledge. For protecting the rights of the homebuyer the Government of India introduced an authority in 2016, known as RERA.

RERA grants the right to the homebuyer if they have any issue with the builder/promoter/agent so, they can file their complaint in RERA. In this article, we will discuss and understand the RERA, grounds of complaint and step-by-step guidance to file a complaint in RERA.

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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

There are several grounds mentioned below when the homebuyer can raise issues and file a complaint in RERA 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.
  2. Alteration in Plan: In such a situation, the builder makes any unapproved alteration so, the homebuyer can file a complaint in RERA 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.
  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

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

Step 1: Gather Thorough information

When a buyer or individual wants to file a complaint in RERA 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

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

  • 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 RERA Complaints

Here is the complete state-wise list of fees for RERA Complaints given below:

State and UT Govt. fees of RERA Complaint
Delhi ₹ 1,000
Andhra Pradesh ₹ 1,000
Arunachal Pradesh -
Assam ₹ 1,000
Bihar ₹ 1,000
Chhattisgarh ₹ 1,000
Dadra & Nagar Haveli ₹ 1,000
Daman & Diu ₹ 1,000
Goa -
Gujarat ₹ 1,000
Haryana ₹ 1,000
Himachal Pradesh ₹ 500
Jammu & Kashmir ₹ 1,000
Jharkhand ₹ 1,000
Karnataka ₹ 1,000
Kerala -
Ladakh ₹ 1,000
Madhya Pradesh ₹ 1,000
Maharashtra ₹ 5,000
Manipur ₹ 1,000
Meghalaya -
Mizoram ₹ 1,000
Nagaland -
Odisha ₹ 1,000
Puducherry ₹ 1,000
Punjab ₹ 1,000
Rajasthan ₹ 1,000
Sikkim -
Tamil Nadu ₹ 5,000
Telangana ₹ 1,000
Tripura ₹ 1,000
Uttarakhand ₹ 1,000
Uttar Pradesh ₹ 1,000
West Bengal ₹ 1,000

Why Litem Legalis?

Filing a complaint in RERA is a long procedure that needs professional advice and help. Here Litem Legalis will be your best choice for filing the complaint in RERA 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

Filing the complaint in RERA against a builder or promoter is a legal process that helps to secure the rights of the homebuyer. This complete procedure can take 45 days. These days the authority examines every aspect of the complaint and also secures the investment of an individual.It helps to maintain transparency and also aids to restore faith in the real estate industry.

However, the complainer must have all the appropriate information before going for filing a complaint. If the authority finds any wrong information they could reject the complaint. Therefore the buyer must consult with a professional 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.

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