The Real Estate Regulations and Development Act 2016 is an Act of the parliament of the Indian constitution which seeks to protect the buyer interest in the real estate industry as well as boost the industry. The Real Estate Regulatory Authority (RERA) ACT is used to provide greater transparency in project-marketing and execution. It was introduced as a bill for the first time in the year 2013 before finally being passed into an act in 2016. RERA is a real boon to the buyers in the real estate industry as it allows them better control over their house purchasing and it acts as a defense against the builder’s.
When & how you should apply complain under RERA:
Even though RERA has been applicable for a few months now, it is very unclear to the common person how to go about filing an issue according to the RERA act. Propbuying has listed a few pointers that will hopefully guide you in the right direction. A complaint under the RERA, is required to be in the form prescribed under the respective states’ rules. The complaint can be filed with respect to a project registered under RERA, within the prescribed time limit, for violation or contravention of provisions of the act or the rules or regulations framed under RERA.
Filing a case under RERA
In Maharashtra the rules with respect to lodging a complaint with the RERA authority, have been notified. Any person, who has an interest in the project, can file an application with the RERA authorities. A format also exists which allows the users to file the complaints online. The complainant must provide:
- The particulars of the applicant and the respondent: The details of the person filing the claim and also against whom the case is being filed.
- The registration number and address of the project: If the case is being filed against a particular builder for a particular property then details of the property and builder should be mentioned.
- A concise statement of facts and grounds of claim: Disputed claims are to be presented to the officer. Delays in possession, substandard building with proof should be submitted.
- The reliefs and interim reliefs, if any, sought: If the applicant is looking for a penalty claim, it should be clear in the application. Also the type of claim and the amount claimed by the complainant should be mentioned in the application form sent to the adjudicating officer.
To begin proceeding before the ruling officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority.
The benefits of filing a case under the RERA:
- Chances of expeditious disposal of complaints.
- Requirement of financial discipline by the promoters.
- No ambiguity in area measurements