Will the Real Estate Act make it easier for aggrieved home buyers to take errant builders to a task? Here we study the procedure for File a complaint under RERA against real estate builders, and how the RERA associates with other consumer protection laws that are already in place.
After the implementation of the RERA (Real Estate Regulation and Development Act), home buyers are optimistic that the new law will protect their investments. However, the controversial question is, whether somebody knows how to file a case or a complaint, under the new RERA rules.
File a complaint under the RERA is needed to be in the form prescribed as per the rules of the respective state. The complaint can be filed with concern to a project registered as per the RERA, within the specified time limit, for violation or contravention of requirements of the act or the rules or regulations drafted as per the RERA.
Filing a complaint under RERA
As concerned to Maharashtra, the rules relating to lodging a complaint with the RERA authority, have been notified. Every individual who has an interest in the project can file an application with the RERA authority. The application can also be submitted online, as per the format available. The complainant must give:
- The particulars of the applicant as well as the respondent.
- A concise statement of facts and grounds of the claim.
- The registration number and proper address of the project.
- The reliefs as well as interim reliefs, if any, sought.
To start proceedings before the adjudicating officer for compensation as per the RERA, the complainant requires filing a related application. This form must also be made in the prescribed format and must include particulars related to those required in the petition to the RERA authority.
What to do with pending cases under the NCDRC?
Property experts point out that real estate cases under the NCDRC (National Consumer Disputes Redressal Commission), can take numerous time for final adjudication, because of the large bulk of cases pending before the commission. The Real Estate Act, therefore, may provide for expeditious disposal and prove to be more effective as that of the NCDRC, vis-a-vis judgment and realization of compensation under the Sections 12, 14, 18 and also 19 of the RERA.
For cases pending before the NCDRC or other consumer hearings, the complainants/ allottees can withdraw the petition and approach the authority under the RERA. Other offences (except complaints under the Section 12, 14, 18 and 19) can be filed before the RERA authority.
Timeframe for dispute resolution under RERA
There is no particular time frame provided for file a complaint under RERA. But, a complainant should not be complacent. File a complaint under RERA will need to comply with the time periods for beginning proceedings, as prescribed in the Limitation Act, 1963. The time duration as per this Act vary, based on the precise claims. Besides, in order to explore urgent interim relief, it would be advisable to approach the RERA authority immediately if possible, after the action causing the complaint takes place.
The benefits of file a complaint case under the RERA
- Chances of expeditious disposal of complaints.
- The requirement of financial discipline by the promoters.
- Promoters are liable for compensation for delayed delivery.
- No ambiguity in area measurements.
- Adjudicating mechanism to be in place.