Property Lawyer

Understanding RERA and How to Lodge a Complaint: A Simple Step-by-Step Guide for Homebuyers

If you are planning to buy your dream home in India, you probably heard about RERA. RERA is actually the Real Estate (Regulation and Development) Act, enacted in 2016 for the protection of homebuyers like you. It ensures that builders strictly comply with rules while making them transparent. So, in case anything goes wrong, RERA will guide you clearly on how to file a complaint and get justice.

This guide tells you what RERA is, why it matters to you, and how you can use it to settle disputes with builders.

What is RERA?

RERA, short for Real Estate Regulatory Authority, is a body created by the government to regulate the real estate sector in India. The ‘Real Estate (Regulation and Development) Act, 2016’ or ‘RERA Act’, passed by the Indian Parliament, was enacted to protect home buyers while fostering fair commercial practice in the real estate industry in India. 

It ensures that builders stick to deadlines, share accurate project details, and deliver quality construction.

Key Features of RERA

Here’s how RERA helps you as a homebuyer:

  • Project Registration: Builders have to mandatorily register their projects with RERA before advertising or selling. This way, only registered projects are available for sale.
  • Transparency: Builders have to place all details, including timelines and approvals, on the RERA website. You can readily verify this before buying.
  • Payment Guidelines: Builders cannot make a demand of more than 10% price before signing the agreement. They also have to deliver the project on time.
  • Defect Liability: Builders are liable for rectification of structural defects within five years of possession.

Why File a Complaint Under RERA?

At times, builders do not abide by the rules. In that case, you can file a complaint under RERA. Here are some common reasons why homebuyers file complaints:

  • Delay in Possession: In case the builder fails to deliver the property on the scheduled date, you can claim possession or a refund along with interest.
  • False Advertisement: If the builder is misrepresenting the project, you can take action against him.
  • Advance Payments: Builders cannot take more than 10% of the costs before entering into an agreement. Anything more than this is illegal.
  • No Registration of Project: If the builder has not registered the project under RERA, then you can initiate complaints for filing a case.
  • Defective Construction: If there are defects in the construction, then repairs should be done or compensation should be received.

How to File a Complaint Under RERA

Filing a complaint under RERA is easy. Here’s a simple  6 – step process:

Step 1: Gather Your Information

Before you start, gather these details:

  • Your personal contact information
  • Project details like registration number and address
  • Any communication with the builder
  • What you’re asking for (possession, refund, compensation)

Step 2: Visit the RERA Portal

Each state has its own RERA portal. Visit the site for your state (like Gujarat RERA, Maharashtra RERA) to file your complaint.

Step 3: Fill Out the Complaint Form

Fill in your details and state the problem. Upload any documentary evidence, such as:

  • Sale agreement
  • Payment receipts
  • Communication with the builder
  • Photos or videos of defects (if applicable)

Step 4: Pay the Registration Fee

There’s a small fee to file the complaint. All states charge Rs. 1,000, except Maharashtra and Goa, where the complaint registration fee is 5000. You can pay this amount online.

Step 5: Submit the Complaint

Once you have duly filled out the form and uploaded all the documents, submit it. You will get a reference number for your complaint.

Step 6: Review and Hearing

RERA will examine your complaint. The case may be scheduled for a hearing, and generally, it is solved in 60 days. If RERA proves that the builder is responsible, they can:

  • Finish the project on time.
  • Refund your money with interest.
  • Rectify the defects.
  • Compensate you for the inconvenience.

How Zolvit Can Help You

Gearing Up to File a Complaint under RERA: Filing is not so cumbersome if assisted by Zolvit. Our legal advice experts will guide you throughout the procedure. Here’s how we can help you:

  • Legal Advice: We could brief you about your rights, what has to be done, and what action should be taken.
  • Documentation Assistance: We will help in the collation and filing of documents.
  • Dispute Resolution: We present your complaint before the RERA authorities, ensuring your complaint will be heard.
  • Appeals: In case you are not satisfied with the order passed by RERA, we can assist you in appealing to higher authorities.

Zolvit experts will provide you with property lawyer services catered to deal with the complaint.

Conclusion

RERA is game-changing for the real estate market, making it more transparent and thereby saving homebuyers. If you have any issues with the builder, then the best way for you is to file a complaint under RERA. Follow this guide to get your complaint resolved quickly.

And if you need any legal assistance, Zolvit’s team of lawyers is here for you to guide you on the best course of action, ensuring your complaint is filed correctly and the outcome will be given to you.

FAQs Related to RERA and Lodge a Complaint

Yes, it is mandatory for all real estate projects to be registered under RERA. If the builder is trying to sell or advertise an unregistered project, it is a violation of the Act, and you can file a complaint with RERA.

RERA holds builders accountable for any misleading or false advertising. If you have been misled by promotional content and have made a payment based on false claims, you can file a complaint under RERA to seek a resolution, which may include a refund, compensation, or other relief.

If the builder fails to comply with the RERA decision, the buyer can approach the Appellate Tribunal or the High Court for further action. RERA has strict penalties, including fines and imprisonment, for non-compliance.

Yes, if a real estate agent misrepresents a property, engages in unethical practices, or fails to adhere to RERA’s guidelines, a complaint can be filed against the agent as well. RERA holds all parties involved in a real estate transaction accountable.

Back to top button

Adblocker

Remove Adblocker Extension