An appeals process for filing a complaint against builders with RERA
Section 43(5) of the Act provides that any person aggrieved by any decision or direction or order made by an authority or by an adjudicating Officer may prefer an appeal before the Tribunal having jurisdiction over the legal matter.
Any person who has an interest in the project can file a complaint against builders with the RERA authority. The application can also be submitted online according to the available format. The complainant must provide:
- Information provided by the applicant and the respondent.
- The registration number and the address of the project.
- A concise statement of the matters or facts and grounds of the claim.
- The reliefs and interim reliefs, if any, sought.
- The Tribunal may lodge a complaint against builders after the expiry of 60 days if it is satisfied that there was a reasonable reason for not filing it within that time period.
In order to initiate proceedings before the adjudicating officer for compensation under RERA, the complainant must make a similar request. This application needs to be made in the prescribed form and must contain similar information as requested in the application to the RERA authority.
What matters are entertained by the Real Estate Tribunal
The Tribunal refers to the matters listed in the list below. They are-:
- If the builder is late to provide the house to the buyer
- If there is any sort of misconduct that makes it difficult for the buyer to procure the house
- If there is discrimination imposed by developers on sale of apartments
- If the property builder has not paid the compensation value within 45 days of the claim
- If the builder denies the purchaser’s claim for reimbursement or compensation at an interest rate of the SBI’s marginal cost of lending rate(MCLR) plus 2% (effectively around 11%)
- If the builder has not provided any information on the status of the permits received and the expected date of receipt, changes must be made to approved plans and specifications approved by the responsible authority within 15 days of expiry of each quarter
Where to go – Ordinary Court or the Real Estate Disciplinary Court?
The doors of the consumer courts remain open to home buyers to eliminate their complaints. For disagreements regarding issues secured under RERA authority and complaints pending under the standing of a consumer court established under the Consumer Protection Act of 1986. The appellant may file an application of complaint against builders before filing the RERA law documenting the mediating officer of RERA in the course of seeking approval of the buyer’s discussion or commission, all in all, for the withdrawal of the objection of such buyers meeting or commission.
How many states and areas have RERA implemented?
The main problem of the above-mentioned law is the implementation of states and areas of the Union. RERA was implemented in only 16 states and successfully implemented in 7 Union territories. There are still 13 states that still need to be registered under the RERA law. You must register your projects under this program.
The following shows the list of states and areas registered under the RERA Act and their registration of projects.
Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujrat, Haryana, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Odisha, Punjab, Rajasthan, TamilNadu, Uttarakhand, Uttar Pradesh
The following table showcases the list of the union territories which are registered under the Act along with their registration of projects.
Andaman & Nicobar, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Delhi, Lakshadweep, Pondicherry
Of these only four states – Gujarat, Maharashtra, Madhya Pradesh and Punjab – have set up their permanent real estate regulatory authority, while 19 states / UTs have established experts for temporary authorities, said a ministry of the Ministry of Housing and Urban Development.
Only 23 states / UTs have communicated the principles under the law, while six states have elaborated the principles but have not yet said so. A total of nine states / UTs, called the appeals courts under the Real Estate Act, while only seven states have started the online registration under the law.