After the implementation of the Real Estate (Regulation and Development) Act, 2016, the people are raising the question about admitting the complaint before the Consumer Forums as non-deliverance of the project on time is considered as “defect of services”.
Now, the Real Estate (Regulation and Development) Act 2016 has come into existence and it has the specific provisions related to the Real Estate grievances of the Home-buyers. As per the RERA laws, no civil court has the jurisdiction to entertain any suit or proceedings which is empowered to be entertained RERA Authority only.
The RERA is acting as a guardian for the home buyers by safeguarding their interest. RERA is having a vested power where they can order the refund, compensations, possessions with compensation and moreover they can compel the Builders to complete the project on time and can even take Suo-Moto steps to tighten the Builders malpractices so that grievance of the home-buyers can be redressed. While making the RERA Act, the legislature has the clear intent to provide the regulator to the Real Estate Industry, this clearly means that as a home buyer the more appropriate place to go ahead with the dispute with a builder is RERA.
This has also been said by the Chairman of Madhya Pradesh RERA, Anthony de Sa in a gathering organized by the Housing Ministry that the real estate regulator (RERA) takes care of both aspects of protecting consumers interest and also how to complete the project, the RERA Authority have wide powers to get the things done so that all the grievances of the home-buyers can be redressed.
The officials who were the drafters of RERA said that there was a conflict between the housing ministry and the consumer affair department. The cabinet minister of ministry of consumer affair had opposed any move to snatch the right of home buyers, who have also been recognized legally as a consumer, from having more options to seek relief.
At last, we are of the opinion that as there is a specific act now for the Real Estate industry which has the prerogative to address the issues of the aggrieved home-buyers; hence, RERA Authority is the appropriate door to knock.
Disclaimer – Please note that the above articles is based on the interpretation of related laws and judicial pronouncement which may differ from person to person. The reader are expected to take the expert opinion on the matter.