As a buyer, you want to purchase the property that is filled with luxurious amenities and services; in a few days, you will see advertisements of the property that match your expectations. You immediately go and visit that construction site, where you speak with the builders or promoter of that property. Builders provide you with detailed brochures of the property and also tell you which luxury services and amenities they provided in this project. After reviewing the project details, you find a property that meets your requirements and proceed to make any advance payment to book the property.
Later, when you take possession of the property, you realize the builder did not provide any of the amenities that he promised. As well as you notice whatever was mentioned in the brochures of the property that is also misleading and false. Now you realize you lost your hard-earned money due to these fake promises and misleading brochures of the property.
Don’t worry, after the enactment of the RERA Act in 2016, buyers have options to file a complaint against the builders about these fraud situations. As per the RERA Act, buyers can claim compensation from the builders. Once the RERA authority notices buyers suffering due to the fraudulent activity of the builders. RERA directed the builders to’ compensate the buyers of the property. The main aim of the RERA Act is to build the confidence of the buyers; for this, they make builders liable for their mistakes. So if the builder fails to follow any regulations or rules of the Act, then they will face the penalties and legal consequences for their fraudulent activities and negligence.
Why did you choose the Right To Law firm as your legal help in the RERA matters?
It’s a mentally and financially troubled situation for any buyers when they notice builders make false promises and provide misleading brochures of property projects. As well as situations where buyers already paid advance money for purchasing property, now that project is abandoned by the builders. Buyers face much loss and mental trauma. to get relief in this situation, buyers can file a complaint as per the mentioned provisions in the RERA Act.
Filing a complaint or sending formal notice to the builder or representing the RERA Authority is crucial and complex. This complexity makes this process more time-consuming. You need legal help to reduce this complexity and understand which provisions of the RERA Act are suitable for your situation. Hiring an experienced RERA lawyer makes this process smoother and easier for you. Lawyers with their experience and knowledge quickly understand which provisions are suitable for your situation, so in a time-saving manner, you receive quick solutions.
If you live in Noida or nearby areas and have suffered financial loss due to a builder’s fraudulent activities, you can approach our firm for legal assistance in filing a complaint and claiming compensation. Right To Law Firm is one of the best law firms in Noida. Our firm’s lawyers have years of experience in handling the RERA cases. Our lawyers assist you in this process by drafting formal notice to the builder, collecting relevant evidence, filing complaints under the RERA and representing your case in front of the RERA Authority in a professional manner. Hiring legal help will definitely make this process time-saving.
If you’re not living in Noida, you can still get solutions on your RERA matters from our firm experts. Visit our firm’s official website and book online appointments with our lawyers.
False promises
At the time of the sale of the property, the builder made misleading and false promises to the buyers. The term false promises included any advertisement, notice of the project, and prospectus. The main aim of the builder making these false promises is to attract more buyers to purchase their property project. But due to this, buyers suffer; most buyers make an advance payment or a whole payment for the property to the builder based on these false promises. They receive false information regarding apartments, plots or buildings; they believe this information and make payments, which creates financial loss and mental trauma for the buyers.
Commonly, builders make false statements regarding the possession date of the property or promises to the buyers about any special amenities like a swimming pool, play area for children, or gym facility. In some cases builders make false promises about the area of the property. For example, the builder shows the sample flat of 1000 sq ft and takes the price of the flat according to that size of the area. But at the time of possession of the property, the builder provided the only 900 sq ft flat to the buyers.
If the buyers face this issue under the RERA-registered property project, then they can claim compensation from the builders. As per Section 12 of the RERA Act, if any person suffers due to any false statements or advertisements or any model apartments or plots or buildings,. Due to these reasons, if the buyers want to withdraw from the project, then the builders need to repay the investment amount along with interest as decided under this act.
Misleading brochures
Misleading brochures mean that when builders are mentioned in the brochures of the property, buyers receive top-class amenities and the world’s best services in this property project. Along with that, in the brochures they print pictures of swimming pools, specific play areas for kids, clubhouses, etc. Give assurances to the buyers they will receive the same amenities in the property they purchase. These fraudulent activities are done by builders to attract more buyers to purchase the property in their property. This makes for a huge financial loss to the buyers of the property because they pay the price of the property on the basis of these services. At the time of the possession of the property, do not get any of the amenities that are mentioned in the brochures of the property. Then buyers realize they are misled by the builders by providing misleading brochures of the property.
Sometimes builders mention the date of possession of the property on the brochures and do not provide the possession of the property on that day. This is also a case when the buyers were misled by the brochures of the project. Don’t worry, buyers can file a complaint against the builders for these fraudulent activities of the misleading brochures. Under Section 12 of the RERA Act, buyers can claim compensation from the builders for providing misleading brochures.
Project abandonment
When any builder makes a project abandonment, this comes under the breach of contract as per the laws. Buyers purchase any property; they show their trust in the builders and make payment for the project to the builder. But when any builder in the middle of this process completely abandons the project, it’s a violation of trust of the buyers, and it also makes for a complex situation and financial loss for them.
In these situations, buyers first try to communicate with builders and check if it’s possible to solve this issue without involving the legal process. But if the builders do not respond, then buyers must start collecting evidence about the abandonment. This may include site photographs, records of the material or tools left behind work site or any recent transactions or communications with the builders. Some additional documents are also required, such as an allotment letter, builder-buyer agreement, payment receipts and any registration documents.
Buyers can file a complaint against the builder under the RERA act Section 31, along with submitting the necessary proof and documents. Buyers just needed to visit the RERA website of the state and file a complaint. Once the complaint is filed, RERA sends notice to other parties and schedules a hearing for both parties. Once the examination of the evidence is completed, RERA may order the refund of buyers along with the interest calculated at the rate mentioned under the RERA Act.
How to file a complaint against the builders under the RERA?
- First step taken by buyers is to collect the evidence related to your complaint. When you want to file a complaint for false promises and misleading brochures, collect the copy of that misleading brochure and the copy of the conversation with the builder where they make this false promise. In the case of project abandonment, buyers need a copy of the builder-buyer agreement, allotment letter, payment receipts and documents of recent communication with the builder.
- Second steps is to make a draft of your complaint. in this step, you need RERA lawyers to draft one accurate draft according to your complaint. Commonly these things are mandatory in the complaint draft: name of the complaint, address, and contact details. Builder or developer’s name and address and RERA registration number.
- Once the draft is ready, visit the RERA official website of your State and create an account. For account creation, you need to provide your name, email, and contact details. Along with that, you add the documents and evidence collected previously.
- File the complaint online by filing any other details required, like an address of the project, the nature of the complaint, the violation, and the amount paid to the builders. Pay the complaint fee; this is different for each state. Finally, review and submit your complaint; you receive the complainant number; this number is used for tracking your complaint.
- The RERA officer checked your complaint and scheduled a hearing for both parties and called both parties. In the hearing, both the parties present their case and evidence. Then the RERA Authority passes an order that is legally binding for both parties.
FAQs – RERA complaint for false promises
What are the benefits of the RERA to the buyers of the property?
RERA provides several benefits to the buyer; it creates transparency in the property deals while protecting the rights of the buyers. RERA prevents misleading brochures, false promises, and fake advertisements by imposing penalties on these activities. The Act protects the rights of the buyers, ensuring they get timely possession of the property and builders do not abandon the property. Additionally, if the buyers suffer any financial loss due to the reasons mentioned in Sections 12, 14, 12,14,18 and 19 of the Act, RERA orders the builders to compensate the buyers of the property.
What are the functions of the RERA?
Make registration of the property project under the RERA Act, with that builders must provide the accurate information about the project. Creating a grievance redressal mechanism for solving disputes quickly in a time-saving manner. Ensuring there is transparency in the advertisements of the project, builders do not provide misleading brochures or make false advertisements of the project. Ensure that builders regularly update the project status on the official RERA website.
How are the registration fees in the real estate sector decided by the RERA?
Registration fees are decided according to the size of the product and also differ according to each state’s RERA Authority. On each state RERA Authority’s official website, they mention the fees structures so promoters or builders must check before going for further proceedings.
What is the definition of advertising under the RERA Act?
Advertisements mean documents, notices, or any circulars about the real estate project. This includes the digital modes, like emails, social media post or any other form that delivers the information about a real estate project or makes advertisements for the sale of a plot, building or apartments. Every document that invites the buyers to purchase the property comes under the definition of advertisement under the RERA Act.
What are the unfair practices under the RERA Act?
Unfair practice under the RERA Act is when builders show misleading brochures of the project. Builders make fake promises to the buyers, like they will receive these standard services in the property, but at the time of possession of the property, the builder does not provide those services. Do not provide the possession of the property on the decided or mentioned date in the sales agreement of the property.