COMPLAINT UNDER REAL ESTATE REGULATORY AUTHORITY ACT, (RERA)

RERA- Real Estate Regulatory authority

  • RERA, Real Estate (Regulation & Development) Act, 2016 has been enacted to regulate the real estate industry. RERA Act seeks to bring transparency and accountability that would protect the interest of home buyers and regain the lost faith in the real estate industry.
  • The Act establishes the Real Estate Regulatory Authority (RERA) in each state for regulation of the real estate sector. RERA also acts as an adjudicating body for speedy dispute redressal.

Different forums under the RERA Act:

  • RERA Authority– Introduced by the Central Government to regulate the workings of real estate
  • and enforce accountability. It mandates builders/promoters to disclose all project details.
  • RERA Adjudicating Officer-Appointed by the Central Government to exercise jurisdiction, powers, and authority conferred under the Act. It is empowered to award remedy like reward, compensation, etc
  • RERA Appellate Tribunal– It has the power to revise any order or decision of the RERA Authority or Adjudicating officer. The Appellate Tribunal can also call for the records that are relevant for the disposal of such appeal.

 Steps  to file a complaint under RERA:

Step 1 – To file a complaint with the Authority, the complainant needs to visit the State’s official website. On the portal, search for the page of Complaint Registration.

Step 2 – Click on the complaint registration link. You will be taken to the complaint form where you are required to fill the details of the complaint.

Step 3 – While filing the complaint, homebuyers would be asked to submit their personal details including Name, Address, Contact details, and Project details. Complainants can also attach supporting documents.

Step 4 – Once the form is fully filled, the complainant would need to pay a sum of Rs 1,000 for filing the complaint or Rs 5,000 in case the complaint is filed before the Adjudicating Officer. Online payment mode is also available for completing the transaction.

Hierarchy of 4 places of dispute resolution-

  • First court- Regulatory Authority
  • Second court- Real Estate Appellate Authority
  • Third court- High court of the state
  • Fourth court- Supreme court

Limitations or disadvantages of RERA act-

  • The rules and regulations passed in the new bill are not applicable for the ongoing projects or projects that are held up due to some clearance issues.
  • Government agency delay in approval and clearance may hinder the timely delivery of products.
  • Small developers with projects less than 1000 sq.m. do not come under the purview of this act and registration with the regulator is not mandatory for these.

Without clearance projects cannot be launched and so launching of new projects may get delayed.

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