Real Estate Regulation & Development Act has been enacted to regulate the real estate industry. It would bring about transparency and efficiency between the potential buyers and the builders. The Act requires each State to establish RERA for the regulation of the real estate sector. It also acts as an adjudicatory body to resolve disputes in a time bound manner.

[lwptoc numerationSuffix=”dot” title=”Table of Contents” width=”full” titleFontSize=”16px” itemsFontSize=”16px” colorScheme=”light”]

Who can complain in RERA?

The RERA Act does not distinguish between the categories of people who may be able to file a complaint. Any potential buyer may file a complaint against the developers, builders and agents who have been working on the project for any act that goes against the provisions of the Act.

  • The complainant can file a complaint when there is improper registration of a project, no details of the project exist. There may also be the occurrence of structural defects in the project which has been taken up by the builder.
  • Anyone can file a complaint if they possess the knowledge to draft an accurate statement including the relief sought by the person from the RERA Authorities. 
  • Hiring of a lawyer is not mandatory.

How can I complain to RERA?

There may arise a situation where the buyer of the property feels the need to file a complaint against the builder. This may be with regard to any matter associated with the construction of the building. Complaints can be filed against the developers, builders and the agents with the regulatory authority or the adjudicating officer. All complaints that are filed under RERA must be in the form that is prescribed under the RERA norms. 

The following steps are to be followed while registering a complaint under RERA: 

  • To file a complaint with the Authority, the complainant needs to visit the State’s official RERA website. On the portal, they would have to search for the ‘complaint registration’ option.
  • A form would have to be filled, where the details of the complaint would have to be registered.
  • All the required details would have to filled, including personal details. If there are any supporting documents, they would also have to be attached.
  • Once the form is filled, the complainant would have to pay an amount of Rs 1,000 for filing the complaint or Rs 5,000 in case the complaint is filled before the Adjudicating Officer. Online payment mode is also available to complete the transaction.

How do I check my RERA complaint status?

When there are problems that arise between potential buyers and the builders, the buyer may file a complaint against the builder under the authorities established under the RERA Act.

  • Aggrieved real estate buyers can file and track the status of their complaints with the RERA Authorities on the official website. This is the state RERA website where the project is being built.
  • The complainant has to fill in the required personal details as is necessary, and has to attach any document which may be relevant to the complaint being registered. 
  • A 60-day time frame of redressal of the complaint shall begin after the complaint has been registered and the required documents have been uploaded. 

How do I get my token money back?

Token money in real estate refers to the small amount of money which has been paid by the buyer to the builder as an indication of the buyer’s serious intent to purchase the property. This step is usually taken after establishing mutual consent and understanding between the buyer and the builder with regards to the selling price.

  • It is an unethical and illegal practice to obtain the token amount without executing an agreement for sale. 
  • A copy of the agreement for sale has to be furnished to the buyer, and if the buyer agrees with the terms and conditions, he can then pay the initial amount and get the agreement registered in his favour.
  • Getting the agreement registered in the favour of the buyer works as evidence that the buyer has paid the token amount.
  • A legal notice can be issued to the builder to return the amount, based on the agreement registered in favour of the buyer, which is proof that the buyer paid the token amount. If the builder does not return the amount or does not reply to the notice issued to him, the builder can be dragged to court.
  • The Act has no specific provisions that discuss the return of the token money by the builder to the potential buyer. The remedy which may be awarded to the complainant may depend upon the facts and circumstances of the case. There is no clear solution that is available to the potential buyer.
  • The matter can be registered at the Consumer Court for recovery and compensation for the amount deposited, or a civil suit can be filed for the same. 

What are the conditions that are required for filing a RERA complaint?

Any aggrieved person has to be prompt while filing a complaint under RERA. There is no specific time limit provided for filing a complaint, however it should be done well in time. The Limitation Act governs the time period and that the complaints under RERA are to comply with the time periods under the Act.

While filing a case, all necessary documents are to be kept ready and the complaint has to be registered on the basis of the facts of the complaint. The following are a few conditions under which a buyer can file a RERA complaint – 

  • False advertisement with regards to the property or the real estate project
  • Delay in possession of the property
  • Structural defects of the property
  • Improper registration of the project
  • Not providing the buyer with the details of the project
  • Asking for more than 10% of the advance payment

Conclusion

It can be seen that with the implementation of the RERA Act, there has been an increase in transparency and efficiency in the delivery of projects to the buyers from the builders. With the strict rules and regulations, real estate developers are now more accountable. The RERA authorities have reprimanded developers who did not follow the rules and regulations that were laid down. The Act allows the builders to be aware of the state of the development of their projects and ensures that the money taken by the buyer is used for the specific purpose. It also holds the builders accountable for delivering the property on time to the buyers.