In the Real estate sector, before the enactment of the Real Estate Authority and Development Act,2016, commonly known as RERA, builders or developers mostly committed fraud against consumers. Consumers were helpless in front of builders or developers, who exploited the rights of consumers or buyers. If you are compliant, search for a professional lawyer who can professionally represent your case in UP RERA, Delhi RERA, or any other State RERA Authority. Then visit our law firm website, Right To Law firm, and within a few steps, you can book an appointment with our expert lawyers. We have a team of experienced lawyers who have years of experience in handling the RERA cases and effectively represent your case in front of any State RERA authority.
This act provides more protection to the rights of consumers or buyers in this sector, which helps to increase investment in the real estate sector. The reason behind this is that now the consumers or buyers have assurance that if any fraud happens with them, they can file a complaint under the RERA Authority and get compensation or can get the complete amount returned from the builders. So they do not suffer financially from property deals. This confidence in the people helps to increase sales in this sector.
Under the RERA regulations, any aggrieved person can file a complaint against any builder, developer, allottee, or real estate agent. This act gives one more important regulation: any applicant can represent themselves in front of the RERA or else a complaint can be represented by a chartered accountant, a company secretary, a cost accountant or a legal practitioner. Professional legal help allows the consumer to represent their case professionally in front of the RERA and also helps to get the desired results in the RERA cases.
Section 56 of the RERA Act
As per Section 56 of the RERA Act, legal representation of the appellant in the appeal before the RERA Authority. As per this section, the appellant can represent their case in person or by any authorised one or more Chartered Accountant, Company Secretaries, Cost Accountants, Legal Practitioners for their case presented before the appellant tribunals, the regulatory authority or the adjudicating officer.
- Chartered accountant means, as per the explanation in Section 2(1) clause b of the Chartered Accountant Act, 1949. The person who has obtained a certificate of practice as per any other law applicable at that time under sub-section (1) of Section 6 of that Act.
- Company secretary means, as per the explanation provided in Section 2(1) clause c of the Companies Secretaries Act 1980. The person was certified for practice as per any other law applied at that time under Section 6(1) of that Act.
- Cost accountant means, as per the explanation in Section 2(1) clause b of the Cost and Works Accountants Act, 1959. The person is certified for practice by any other laws that are applicable at that time, as per Section 6(1) of that Act.
- Legal practitioner means an attorney of the High Court, advocate, or vakil and includes a pleader in practice.
Role of RERA lawyers in real estate property matters?
In real estate property matters under the RERA Act, lawyers give advice to developers or homebuyers on how to follow the crucial rules and regulations of the RERA. Taking professional help in the RERA matters is important; it saves time and money and makes this process smoother for developers and consumers.
- The primary role of lawyers or professionals in the RERA is to advise consumers or buyers on their real estate matters. They also provide advice to the builders or developers on following rules and regulations as per the act, and help them to complete their provisions.
- One of the important roles of RERA lawyers or professionals is to represent buyers or consumers when they face any problem with the builders regarding any disputes between them. Lawyers make sure that the rights of buyers or consumers are not hampered; buyers or consumers are entitled to get those rights according to the act.
- RERA lawyers or professionals present the client in front of the RERA authority, also in any meeting or hearing related to this matter.
- RERA lawyers or professionals help the client to solve their problem regarding real estate property matters; lawyers represent the client in front of the appellate tribunal.
What are the benefits of hiring RERA lawyers for your case?
- RERA lawyers have extensive knowledge about the RERA Act and related provisions; it helps you to solve your real estate cases. Our firm’s legal team has lawyers who have deep knowledge about RERA provisions, and they take care that your RERA dispute is solved with diligence and care.
- Solving issues about real estate matters, like a delay in possession or issues related to the quality of the construction, can take years to solve with builders. But if you hire good legal help, any experienced lawyer in RERA will get you speedy dispute resolutions without waiting years to resolve your issue with the builders. We have a team of professional lawyers who help you solve your disputes promptly.
- Our firm’s RERA expert lawyers ensure that in the dispute-solving process, they must protect the interests of the buyers or consumers. Make builders or developers accountable for their mistakes, and they will complete their responsibilities.
- When you hire an experienced lawyer to handle your case or any matter, you decrease the chance of error in litigation; it helps get favourable results in court or any appellate authority. Our firm has lawyers who have years of experience in representing RERA cases, so they can make professional litigation plans as per the buyers’ needs for their case. They help the client from collecting documentation to professionally representing clients in any State RERA authorities in India.
Why did you choose Right To Law firms as your RERA advocates?
- At Right To Law Firm, we first do a deep study of your case; with that, our lawyers try to understand the exact issue faced by consumers with builders. We have a skilled team of RERA advocates who help the client to safeguard their interests and rights in this dispute-solving process. They ensure that builders or developers fulfil their responsibilities, and if builders fail to fulfil any promise as mentioned in the sale agreement, they are liable to compensate the consumer.
- We have certified lawyers who have expertise in handling RERA matters, and we have a good track record of solving cases in favour of our clients. We are a well-known firm in Delhi and the nearby areas; our professionals represent your case UP RERA Authority, the Delhi RERA Authority or any other State RERA Authority.
- We provide our clients with extensive legal support, from the initial stage of filing complaints to professional representation in RERA courts and Forums.
- We assure our clients that they get unique solutions for their cases, paying special attention to their case requirements and ensuring that our clients speedily get favourable results.
Types of forums as per the RERA Act:
There are three types of forums present in the RERA Act.
RERA Authority
The central government introduced the RERA Authority, which provides rules and regulations for maintaining transparency and safeguarding the rights of the complainant. As per this authority, builders or developers must show the complete property project details to the consumers or buyers. Builders or developers can not make any false advertisements or false promises to consumers or buyers. It also ensures the property buyers get quick redressal of their complaints. This Authority also makes it compulsory for the real estate agent to register as per this Act, along with their real estate projects.
Adjudicating officer
An Adjudicating Officer is appointed by the Central Government to enforce jurisdiction, powers and authority provided under the RERA Act. The adjudicating officer also grants these solutions in matters of RERA cases.
- An adjudicating officer can ask the builders to provide a refund with interest to the buyers when they create a misleading presentation or advertisement about the project.
- If any builder or developer makes any changes to the original plan without taking permission from the buyer, then the officer can order the builder to provide compensation to the buyer.
- If any buyers make a complaint about the defects in the quality of the construction or any defects in the quality or provision of services. In this case, if builders fail to solve these defects within the agreed-upon timeline, they must provide compensation to the buyers.
- If any builder makes delays in the possession of the house or any other property, then the builder is liable to provide compensation for the period of delay in giving possession.
Appellate Tribunal
The RERA Appellate Tribunal can revise any order or any decision of the RERA Authority or Adjudicating Officer. If any buyers file a case against the builder in RERA, RERA gives a decision in favour of the builder. In that situation, buyers can appeal to the RERA Appellate Tribunal within 60 days after receiving the order of the RERA. Section 44 of the RERA Act provides a provision for appeal against the RERA order. The Appellate Tribunal can ask for the records and details that are needed for the disposal of any appeal.
FAQs – RERA Lawyer in Delhi, UP
Is it mandatory to hire a lawyer to file an RERA case?
Section 31 of the RERA Act allows any person who has knowledge about RERA regulations to draft accurate statements for filing a case. So, hiring a lawyer is not compulsory, but experts always advise hiring good professional help for RERA matters.
Can a complainant file a case against a builder under RERA if they have a pending case against the builder under the NCDRC?
No, a complainant cannot file a case against a builder if there is already a pending case against the builder in the NCDRC. First, the complaint must be withdrawn from the consumer forum, and then he can file a case against the builder under the RERA.
What responsibilities are mentioned under the RERA Act for consumers?
The most important responsibility of the consumer is making timely payments to the builder or developer as per the agreed-upon timeline by the sale. Consumers need to pay their share of registration charges, municipal taxes, maintenance charges, electricity charges, water supply charges and any other related service charges promptly. Once the builder issues the occupancy certificate, the consumer needs to take possession of the property within the next two months. If the buyer or consumer is not able to make payment for the property he purchased within the decided time, then he needs to pay the interest at a predetermined rate.
How can builders or developers ensure compliance with RERA regulations?
To ensure compliance, builders or developers must be updated on RERA regulations and consult RERA professionals or lawyers on a irregular basis for details about the RERA updated compliances. With that, builders or developers must conduct the audit regularly; with these simple steps, builders or developers can avoid legal issues in their real estate project.
Can a builder or developer register multiple projects under one application of the RERA?
No, builders or developers need to make each project registration separately; they must make separate applications for each project they decide to develop, as per the RERA regulations.
How to decide registration fees for registration in RERA for each real estate project?
For each real estate project, registration fees are different; they are decided according to the size and location of the project. Builders or developers must check their respective state RERA website to get an exact idea about the fee structure before applying for registration.