How to File a RERA Complaint?

The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was a landmark legislation introduced to bring transparency, accountability and efficiency to the Indian real estate sector. Before the enactment of RERA, homebuyers often found themselves at the mercy of developers, with little recourse for delays, poor construction quality or deviations from promised specifications.

RERA was established to protect the interests of homebuyers and ensure fair practices in the real estate industry. One of the most significant provisions under RERA is the mechanism for filing complaints against errant builders, promoters and real estate agents. 

What are the Grounds for Filing a RERA Complaint?

Before diving into the process of filing a RERA complaint, it is essential to understand the various grounds on which a complaint can be lodged. RERA allows homebuyers, allottees or any aggrieved party to file a complaint if they believe that there has been a violation of the RERA Act, rules or regulations. The following are some common grounds for filing a RERA complaint:

Delay in Possession

One of the most frequent complaints under RERA involves delays in the delivery of possession. If a builder fails to deliver the property within the stipulated time frame as mentioned in the agreement, the buyer has the right to file a complaint seeking possession or a refund with interest.

Defects in Construction

RERA mandates that builders rectify any structural defects in the property within five years from the date of possession. If a buyer discovers structural defects or poor quality construction within this period, they can file a complaint under RERA.

Deviation from Approved Plans

If the final property handed over to the buyer deviates from the approved plans or specifications mentioned in the agreement, the buyer can file a complaint. This includes discrepancies in the layout, size or quality of materials used.

Non-Compliance with RERA Regulations

Builders and developers are required to register their projects with RERA and adhere to the regulations laid down by the Act. If a builder fails to comply with these regulations, such as not registering a project, providing false information or not updating project details on the RERA website, a complaint can be filed.

False Advertising

RERA prohibits misleading advertisements and false claims. If a buyer is misled by an advertisement or promotional material, they have the right to file a complaint against the builder, promoter or real estate agent involved.

Overcharging

RERA regulates the amount of advance payment that a builder can demand from a buyer. If a builder demands more than 10% of the property’s cost as an advance before signing the sale agreement, the buyer can file a complaint.

Preparing to File a RERA Complaint

Once a buyer identifies the grounds for filing a complaint, the next step is to gather all necessary documents and evidence to support the complaint. Proper documentation is crucial for the success of a RERA complaint. The following documents are typically required:

1. Copy of the RERA Registration Certificate: This certificate is proof that the project is registered with RERA. It can be obtained from the RERA website of the respective state.
2. Sale Agreement: The sale agreement or any other contract related to the property should be provided as it contains the terms and conditions agreed upon by both parties.
3. Payment Receipts: All payment receipts and proof of payments made to the builder should be submitted to demonstrate the financial commitment of the buyer.
4. Correspondence: Any communication exchanged with the builder, including emails, letters or notices, should be included to show the attempts made to resolve the issue before filing the complaint.
5. Photographic Evidence: Photographs or videos of the property showing defects or deviations from the promised specifications can be powerful evidence in an RERA complaint.
6. Builder’s Response: If the buyer has already communicated the issue to the builder and received a response, this should be included in the complaint.

Drafting the Complaint

The complaint should be drafted clearly and concisely, outlining the grievances and the relief sought. The following elements should be included in the complaint:

1. Complainant’s Details: The complaint should start with the details of the complainant, including their name, address and contact information.
2. Project Details: Provide the name and address of the project, along with the RERA registration number.
3. Developer’s Details: Mention the name and address of the builder, promoter or real estate agent against whom the complaint is being filed.
4. Nature of the Complaint: Clearly state the nature of the complaint, whether it is related to delay in possession, structural defects or any other violation of RERA.
5. Facts of the Case: Provide a detailed account of the events leading up to the complaint. This should include dates, actions taken by the builder and the impact on the buyer.
6. Evidence: List and attach all supporting documents, including copies of the sale agreement, payment receipts, correspondence and photographic evidence.
7. Relief Sought: Specify the relief being sought from the RERA authority. This could include possession of the property, a refund with interest, compensation for defects or any other appropriate remedy.

Filing the Complaint with the RERA Authority

Once the complaint is drafted, it needs to be filed with the appropriate RERA authority. The process can be completed either online or offline, depending on the state.

Online Filing

Many states have set up online portals for filing RERA complaints, making the process more convenient. Here’s how to file a complaint online:

1. Visit the RERA Website: Access the official RERA website of the state where the project is located.
2. Create an Account: Register on the RERA portal by creating an account. You will need to provide your details and set up a username and password.
3. Fill the Complaint Form: Once logged in, fill out the online complaint form. Enter all required information, including the details of the project, the developer and the nature of the complaint.
4. Upload Supporting Documents: Upload all supporting documents, including the RERA registration certificate, sale agreement, payment receipts and evidence.
5. Pay the Filing Fee: There is a nominal fee for filing a RERA complaint, which varies from state to state. The fee can usually be paid online via net banking, credit/debit card or other payment methods.
6. Submit the Complaint: After completing the form and uploading the documents, submit the complaint. You will receive an acknowledgement or reference number, which can be used to track the status of your complaint.

Offline Filing

If online filing is not available or if you prefer to file the complaint in person, you can do so by visiting the RERA office in your state. Here’s the process for offline filing:

1. Visit the RERA Office: Locate the RERA office in the state where the project is located and visit the office during working hours.
2. Obtain the Complaint Form: Request a complaint form from the RERA office. Alternatively, you can download the form from the state RERA website and fill it out in advance.
3. Fill the Complaint Form: Complete the form with all the necessary details, including the complainant’s information, project details and the nature of the complaint.
4. Attach Supporting Documents: Attach copies of all supporting documents, such as the RERA registration certificate, sale agreement, payment receipts and evidence.
5. Pay the Filing Fee: Pay the filing fee at the RERA office. Ensure that you obtain a receipt for the payment.
6. Submit the Complaint: Submit the completed form and documents to the RERA office. You will receive an acknowledgement receipt, which serves as proof of submission.

The Hearing Process

After the complaint is filed, the RERA authority will issue a notice of hearing to both the complainant and the builder. The hearing process typically involves the following steps:

1. Notice of Hearing: The RERA authority will schedule a hearing and send notices to both parties. The notice will include the date, time and venue of the hearing.
2. Presentation of Evidence: During the hearing, both parties will have the opportunity to present their evidence and arguments. The complainant should be prepared to explain their grievances and provide supporting evidence.
3. Cross-Examination: The builder or their legal representative may cross-examine the complainant or challenge the evidence presented. Similarly, the complainant’s legal representative may cross-examine the builder.
4. Additional Evidence: If necessary, additional evidence can be submitted during the hearing. The RERA authority may also request further documentation or clarification.
5. Closing Arguments: After the evidence is presented, both parties will have the opportunity to make closing arguments. The RERA authority will then consider the evidence and arguments before making a decision.

The RERA Authority’s Decision

Following the hearing, the RERA authority will issue its decision. The decision may include the following:

1. Order for Possession: If the complaint is related to a delay in possession, the RERA authority may order the builder to deliver possession within a specified time frame.
2. Refund with Interest: If the complainant seeks a refund, the RERA authority may order the builder to refund the amount paid by the buyer, along with interest.
3. Compensation: The RERA authority may order the builder to pay compensation for defects in construction, deviations from approved plans or other violations.
4. Penalties: The RERA authority may impose penalties on the builder for non-compliance with RERA regulations. These penalties could include fines or imprisonment.
5. Enforcement: The RERA authority’s decision is binding and the builder is required to comply with the order. Failure to comply can result in further legal action, including the enforcement of penalties.

Appealing the Decision

If either party is dissatisfied with the RERA authority’s decision, they have the right to appeal to the RERA Appellate Tribunal. The appeal process involves the following steps:

1. File an Appeal: The aggrieved party must file an appeal with the RERA Appellate Tribunal within the prescribed time frame, usually 60 days from the date of the RERA authority’s decision.
2. Submit Supporting Documents: The appeal should be accompanied by a copy of the RERA authority’s decision, along with any other relevant documents and evidence.
3. Hearing Before the Tribunal: The Appellate Tribunal will schedule a hearing to review the appeal. Both parties will have the opportunity to present their arguments and evidence.
4. Tribunal’s Decision: After reviewing the appeal, the Appellate Tribunal will issue its decision, which may uphold, modify or overturn the RERA authority’s decision.

Conclusion

Filing a complaint under RERA is a powerful tool for homebuyers to protect their rights and seek redressal for grievances related to real estate projects. Whether filing online or offline, the process is designed to be accessible and efficient, providing a clear path to justice for aggrieved homebuyers. RERA has significantly improved the accountability and transparency of the real estate sector in India, giving buyers the confidence that their investments are protected.