Filing of RERA Complaints
The real estate sector business includes selling and purchasing deals of residential flats, commercial spaces, and plot selling. In the capital of India, Delhi, there are many real estate projects developing in nearby areas like Noida, Gurugram, etc., where new real estate projects are booming due to excellent connectivity to Delhi. In the real estate sector, especially in places like Noida and other rapidly developing areas, many frauds are taking place. These include unnecessary delays in possession of property, false or fraudulent claims made by builders or developers, non-registration of property, and more. Consumers who purchase property often face these issues, resulting in financial loss and mental trauma.
To handle these issues effectively, the government introduced a special law in 2016. The Real Estate(Regulation and Development) Act, 2016, commonly known as RERA. RERA regulates complaints related to the real estate sector and promotes transparency and consistency in property transactions. Filling a RERA complaint is now easier and more time saving. If you face any inconvenience in a property transaction in Noida or any other city, you can book an online appointment with us quickly and easily. Just visit our website, Right To Law, and book an appointment with our expert real estate lawyers, and get professional legal solutions for every query related to your complaint. Our lawyers also assist in filing RERA complaints and, if needed, professionally present your case before courts.
Who Can File a Complaint Under RERA
In a property transaction, if anyone faces a breach of contract, they can file a complaint under RERA. Let’s see in detail which individual entities can file a complaint. Our firm experts help you file a complaint under this Act, whether you are a homebuyer, allottee, or any aggrieved person as per the mention in RERA.
Homebuyers
The most common category of complainant is homebuyers, who are either purchasing homes or apartments under RERA registered property projects. The most common complaints that came from this category are dealy in possession of the property from builders, fake promises made by builders, low quality construction work on the project, or builders demanding unfair extra charges from buyers.
Allottee
The person who purchases any commercial property (residential property owners are also included) in any RERA registered project is defined as an allottee in the RERA. Allottees have similar rights as homebuyers as well as they can file a complaint if the project quality is not as per the promise made by the builders or developers, or there is any issue regarding the maintenance of common areas, or any harm caused to them by any security or third party services that are provided by the builder or developer under the RERA.
These are the most common categories of complaints, but as per Section 31 of RERA, any aggrieved person who suffers any loss or trauma due to any act or omission related to a RERA transaction can file a complaint against the concerned entity under RERA.
Which documents are required for filling a RERA compliant? Let’s see in detail.
- Identity proof of the complaint, such as an Aadhar Card, PAN Card, or any other acceptable proof.
- Name of the builder or developers, proper address of the project.
- Agreement of the sale of the property
- Proof of the payment receipt.
- Emails or any letters of complaint received from builders or developers regarding the property purchase transaction.
While filling a complaint, our firm lawyers provide all the necessary help to the client, from discussing each query to guiding you on how to collect all these documents in a hassle free manner.
How to file a complaint under UP RERA
- The first step is to visit the UP RERA website. (https://www.up-rera.in)
- The second step is to register your complaint account.
- The third step is to go to the complaint tab and click on Register Complaint.
- The fourth step is to fill your complaint and upload all the required documents.
- The fifth step is to make the payment of fees, Rs. 1000, via an online payment method.
- The last step is to download the acknowledgement of your complaint.
This is one state example of how to file an RERA complaint. By following these steps, you can file a complaint under RERA in any state of India. If you have any queries regarding this filing, you can book an appointment with our professional experts at any time to resolve those queries.
This is the way to file your complaint online, but you can also file an offline complaint by sending all the documents in hard copy to the RERA office and filing a complaint. You just need to check the office location before sending it, according to your project location.
How to track your RERA Complaint
Once a complaint is filed, whether online or offline, the complainant must follow up on their complaint. A complainant can check the status and updates on their complaint in the following way.
If you file a complaint online, then you can go to the site where you filed the complaint. Open your registered account and then a complaint can easily check the status of the complaint there. For example, if you file a complaint for Noida Sector, then you go to the related state authority, which means you need to visit the UP RERA authority and check your complaint status.
For offline complaints, if you filed a complaint for Noida Sector, then you can visit the UP State RERA office for an update on your complaint.
There are more ways to track your RERA complaint. Helpline numbers are provided by each state authority. You can call the relevant number to get updates on your complaint. For example, the UP State RERA authority provides the following helpline numbers:
- Headquarters, Lucknow: +91 91951602229, +91 9151642229
- Regional Office, Greater Noida: +91 9151672229, +91 9151682229
Now Let’s See Under Which Conditions You Can File a Complaint Under RERA
The first condition is that you can file a complaint only against a project that is registered under the respective State RERA Authority. For example, if your real estate project is situated in Noida, then it must be registered under the UP RERA Authority.
Valid Reasons for Filing a RERA Complaint
- Builders or promoters cause delays in the possession of the property.
- The complainant notices differences in the quality of construction or structural changes in the property.
- Builders are not issuing possession certificates or occupation certificates to buyers.
- False advertisements made by builders at the time of selling, such as regarding the structure or features of the property project.
- Non-registration or illegal registration of the project.
- Builders demand more than 10% of the total payment in advance, which is against RERA rules.
Frequently Asked Questions
Is buying a home or any commercial property under RERA registration safe?
Yes, buying a property that is registered under state RERA projects is safer than buying under non-registered projects. RERA secures the rights of the buyer and ensures timely possession of the property.
What if the builder does not follow the RERA orders?
If the builder does not follow the orders passed by the Real Estate Appellate Tribunal (REAT), then they are punishable as per Section 64 of the RERA. Builders or developers can face imprisonment for 3 years, a 10% fine of the total project cost, or both.
What is the penalty for delay in possession of property as per the RERA?
If the builder does not give possession of the property as per the date mentioned in the sales agreement, then as per Section 18 of the RERA, they must return the buyer’s money with 10% annual interest.
As per the RERA, what is the rule of 30% and 70%?
As per RERA regulations, only 30% of the buyer’s or investor’s amount can be used by builders for construction and land-related expenses. The remaining 70% must be deposited into a separate escrow account.
What is the formula of RERA for the calculation of the property?
As per the RERA Act of 2016, the RERA carpet area does not include the area of outer/external walls, balconies, verandahs, or terraces but includes the space covered by internal walls. RERA uses this formula:
RERA Carpet Area = Net Usable Area + Area of Internal Walls
How many days does RERA take to solve a complaint?
Usually, RERA takes 60 days to resolve any complaint, but the time may vary depending on the nature of the case and the specific state RERA authority.
Is it compulsory to hire a lawyer for filing an RERA complaint?
No, you can file a RERA complaint on your own. However, if the case is complex, it is advisable to seek help from a professional lawyer.
What if the complainant is not satisfied with the decision of the RERA complaint?
If the complainant is not satisfied with the RERA decision, they can file an appeal before the RERA Appellate Tribunal within 60 days.
Where can buyers file RERA complaints?
Complaints can be filed with the State RERA Authority where the property is located. Most state authorities now have an online portal for filing complaints.
Who can file a complaint under RERA?
Homebuyers, builders, or real estate agents can file a complaint under RERA if there is any violation of RERA rules and regulations.