Will the Real Estate Act make it easier for aggrieved home buyers to take errant builders to task? We examine the procedure for filing complaints against builders and how the RERA compares, with other laws that are already in place.

After the implementation of the Real Estate (Regulation and Development) Act (RERA), home buyers are happy & optimistic that the new law will not only protect their interests but will also help in punishing the errant builders. However, the moot question is how to proceed with a complaint/case, under the new RERA rules?

Complaints can be filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, either with the Real Estate Regulatory Authority or the adjudicating officer. Such complaints may be against promoters, allottees and/or real estate agents.

Most state government rules, made appurtenant to the RERA, have laid out the procedure and form, in which such applications can be made.

A complaint under the RERA is required to be in the form prescribed under the respective states’ rules. The complaint can be filed with regard to a project registered under RERA, within the prescribed time limit, for violation or contravention of provisions of the act or the rules or regulations framed under RERA.

Filing a case under RERA

The complaint can also be filed online, as per the format available. However, the complaint must provide the following information:-

1. The particulars of the applicant and the respondent.
2. The registration number and address of the project.
3. A brief statement of facts and grounds of claim.
4. The reliefs and interim reliefs, if any, sought.”

After filing of the complaint, the RERA Authority will fix a date of hearing wherein the attendance of both the parties would be mandatory. The parties to the complaint can appear through their respective attorney’s.

What to do with pending cases with the Consumer Courts?

The real estate cases pending with Consumer Courts can take a lot of time for final adjudication, owing to the huge volume of cases pending before them. The Real Estate Act, hence, may provide for expeditious disposal and prove to be more effective than the Consumer Courts with regard to the realization of compensation under Sections 12, 14, 18 and 19 of the RERA.

For cases pending before the consumer forums, the complainants/ allottees has to withdraw the case and then approach the authority under the RERA.

The benefits of filing a case under the RERA

• Expeditious disposal of complaints.
• Transparency.
• No ambiguity in area measurements.
• Promoters are liable for compensation for delayed delivery.
• Low Cost Litigation

By Arpit Marwah