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How To File A RERA Complaint Yourself? - LawSimpl

How To File A RERA Complaint Yourself?

RERA Complaint

Since the REAL Estate (Regulation and Development) Act 2016 came into force from 01st May 2016 to manage all the matters relevant to real estate – project registration, possession, quality etc. 

Before the RERA was implemented, the civil courts were hearing the property related matters, and due to the immense pressure on the judicial bodies, often the matters were extended to a huge stretch, such as for years. Therefore, The separate grievance cell established by RERA helped the aggrieved buyers and investors to get a speedy resolution to their problems.

Procedure

Authority before whom it shall be filled: 

The complaint can be filed with the Real Estate Regulatory Authority of the adjudicating officer.

(i) Complaint to RERA Adjudicating Officer – Any complaint relating to claim of interest and compensation, which is covered by sections 12, 14, 18 and 19, of the RERA Act, 2016, can be filed in the prescribed form before RERA Adjudicating officer. The complaint shall be filed with the fees as decided by the state authority.

(ii) Complaint to RERA Authority –

  • Any complaint relating to violations of RERA Act, or RERA Rules and regulations,
  • Except those which can be filed with RERA adjudicating officer,
  • Can be filed before RERA Authority in the prescribed form either offline or online
  • The prescribed fee can be paid in cash if offline or through online mode in both the procedures.

The RERA Authority generally disposes of the complaint within 60 days of filing. If it is not disposed of in said period, the officer shall record the reasons.

Drafting Complaint:

The points which are to be mentioned in the application:

  • Name of the complainant and contact details details 
  • Name of the accused and the identification details provided in the sale deed of the flat or any receipt of the flat
  • If the property was registered under RERA, the registration number, or if it was under process, then the temporary number.
  • The details of the property in concern – flat number, address and other relevant details
  • The total amount which has been invested in the flat
  • If the possession is delivered, then the possession date, and if it is a matter of delay in possession, then the promised date of possession.
  • Any communication, if made by the complainant or his agent to the builder personally or through legal notice.
  • The relief sought before the court
  • The referral of any pending case regarding the project.

Appeal: If the order passed by the adjudicating officer, was under influence or there is a point which was unable to be found at the time of the hearing, the complainant may file a complaint to the RERA tribunal in the prescribed form offline to the office or on its portal within 60 days from the date of receipt of such order after paying the prescribed fees.

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