The real estate sector was unregulated for a long time. If customers experienced delays, they had little redress. Because court disputes may take a long time, most customers were at the discretion of the builders. A proper complaint process has emerged as a result of the implementation of RERA.
RERA imposes some requirements on the builder or developer. RERA provides you with certain rights as a homebuyer. If the builder fails to fulfill his commitments or infringes on your rights, you may submit a complaint against him. A homebuyer may register a complaint against the following entities under RERA, in addition to the builder:
- Real Estate Agent
If any of the above are found guilty of contravening RERA, they would have to pay heavy penalties.
- Non-Registration: Non-registration with RERA is punishable by a fine of up to 10% of the project’s anticipated cost or imprisonment for up to 3 years. RERA can sometimes impose both jail and a fine.
- False Information: Furnishing false information also attracts 5% of the estimated cost of the construction as a penalty.
Hence, heavy penalties may be imposed on the builder, promoter, real estate agent, etc. If they are in non-compliance with the RERA.
Who can file a complaint?
According to RERA Section 31, any aggrieved party may register a complaint with the RERA. Individuals, Hindu Undivided Families, businesses, partnership firms, Limited Liability Partnerships (LLPs), competent authorities, organizations of persons or bodies of individuals, whether incorporated or not, and cooperative societies are all included in the definition of “person” under the Act in case of violation of the RERA Act and RERA Rules.
When to file a complaint?
A buyer may register a complaint with the RERA Authority if a builder, developer, promoter, or real estate agent violates or contravenes the terms of the RERA Act. The following conditions must be met before a buyer may register an RERA complaint:
- No project details: All project data, including project plan, layout, and government clearances, must be posted on the RERA website. If a builder or developer violates this clause, a complaint may be filed.
- Structural problems: If there are any structural problems in the craftsmanship and quality of the services, the promoter must pay the allottee for the sum paid. If the buyer is not reimbursed, he or she may submit a complaint.
- Transfer of Ownership: A promoter cannot transfer majority ownership to a third party. If he or she is discovered transferring majority rights to a third party without the permission of the two-thirds majority of allottees, a complaint might be filed.
- Delay in Possession: If there is any delay in possession of the property from the builder’s side, then the buyers have the right to file a complaint against the builder to get immediate delivery of possession or instead get a full refund along with interest.
- False Advertisement: If a customer was misled by false marketing and opted to deposit money with the promoter, a complaint can be launched against the developer, promoter, and even the endorsers.
- Advance Payment: A builder may request an advance payment of up to 10% of the cost of the building, flat, or land. If a builder requests more than 10%, the buyer has the right to register a complaint.
- Improper Project Registration: It is mandatory that all projects be registered under RERA. If a builder sells or attempts to sell an unregistered project, the buyer has the right to file a complaint against the builder.
How can I make a complaint under RERA?
Complaints can be filed before the following authorities:
- RERA Authority: Any aggrieved person may file a complaint before RERA Authority in Form M in case of violation of the RERA Act.
- RERA Adjudicating Officer: In the matter of damage/loss incurred due to false information in the advertisement and loss or damage incurred due to any structural defect or any loss because of the delay in completion of the project. Any aggrieved person may file a complaint before the RERA Adjudicating Officer in Form N.
- RERA Tribunal: Any aggrieved person by the decision of the RERA Authority and RERA Adjudicating officer may file a complaint before the RERA Tribunal in Form L.
Here’s a step-by-step method for submitting a complaint under RERA:
Step 1 – To register a complaint with the Authority, the complainant must first visit the State’s official website. Find the Complaint Registration page on the site.
Step 2: Go to the complaint registration page. You will be sent to the complaint form, where you must fill out the contents of the complaint.
Step 3 – When registering the complaint, homebuyers will be required to provide personal information such as their name, address, contact information, and project specifics. Complainants may also provide supporting documentation.
Step 4 – Once the form is completed, the complainant must pay Rs.1,000 for submitting the complaint or Rs 5,000 if the complaint is filed before the Adjudicating Officer. To complete the purchase, an online payment mechanism is also accessible.
The RERA Authority is in charge of registering Real Estate Agents and Real Estate Projects. The RERA Authority’s key purpose is to investigate immoral and unethical practices in the real estate industry and to rectify complaints made by purchasers, builders, and agents. As a result, in order to submit a complaint with RERA Delhi, the provisions of the RERA Act must be followed correctly.