The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to regulate the real estate sector and protect homebuyers from fraudulent builders and delayed projects. If a builder violates the terms of the agreement or fails to comply with RERA regulations, homebuyers can file a complaint against them under RERA.
This article provides a detailed step-by-step guide on filing a complaint against a builder along with answers to frequently asked questions (FAQs).
When Can You File a Complaint Against a Builder Under RERA?
A homebuyer can file a complaint against a builder under RERA for the following reasons:
- Delay in Possession: If the builder fails to deliver the property within the agreed timeframe.
- False Promises and Misrepresentation: If the builder misleads the buyer with false commitments in advertisements, brochures, or agreements.
- Poor Construction Quality: If the property has structural defects or does not meet promised quality standards.
- Non-Disclosure of Project Details: If the builder does not disclose important project details such as carpet area, approvals, or layout plans.
- Excessive Charges or Hidden Costs: If the builder demands extra charges beyond the agreed sale price.
- Non-Registration of Project with RERA: If a builder fails to register an eligible project under RERA, a complaint can be filed for non-compliance.
- Failure to Provide Promised Amenities: If the builder does not deliver amenities as per the agreement (e.g., parking, clubhouse, swimming pool).
- Non-Compliance with Agreement Terms: If the builder violates the agreement conditions regarding possession, title clearance, or any other legal obligations.
How to File a Complaint Against a Builder in RERA?
Step 1: Gather Evidence and Documents
Before filing a complaint, you need to collect all relevant documents and evidence to support your case. These may include:
- Builder-buyer agreement (Agreement to Sell)
- Payment receipts and transaction proofs
- Possession letter or booking confirmation
- Project brochure, advertisements, and promises made by the builder
- Email or WhatsApp communications with the builder
- RERA registration details of the project (Check on the respective state’s RERA website)
Having strong documentary evidence strengthens your complaint and increases the chances of a favorable resolution.
Step 2: Draft the Complaint
Prepare a well-structured complaint mentioning:
- Your personal details (name, address, contact number)
- Builder’s details (name, company name, project name, RERA registration number)
- A detailed description of the issue (delayed possession, quality defects, fraud, etc.)
- Specific relief sought (refund, compensation, penalty, or project completion)
- A list of supporting documents attached
The complaint should be clear, factual, and legally sound to be effective.
Step 3: Visit the State-Specific RERA Website
Each state has its own RERA authority where complaints can be filed. Some of the major state RERA websites are:
- Maharashtra RERA (MahaRERA)
- Uttar Pradesh RERA (UPRERA)
- Haryana RERA (HRERA)
- Karnataka RERA
Visit the official RERA portal of your state and proceed with the complaint filing process.
Step 4: Register and File the Complaint Online
- Create an account on the RERA website.
- Select the “File a Complaint” option.
- Fill out the complaint form with all necessary details.
- Upload the required documents (builder-buyer agreement, payment receipts, etc.).
- Pay the prescribed fee (varies by state, usually between ₹1,000 to ₹5,000).
Some states also allow offline filing, where the complaint form and documents can be submitted physically at the RERA office.
Step 5: Follow Up and Attend Hearings
- After submission, you will receive an acknowledgment and a complaint number.
- The RERA authority will review the complaint and may schedule a hearing where both parties present their arguments.
- The hearing may be conducted physically or via video conferencing, depending on the state’s RERA procedure.
Step 6: RERA’s Decision and Remedies Available
If the complaint is found to be valid, RERA may:
- Order the builder to refund the amount paid with interest.
- Direct the builder to complete the project within a specific timeframe.
- Impose penalties on the builder for violations.
- Grant compensation to the homebuyer for financial loss or mental agony.
Step 7: Appeal to the RERA Appellate Tribunal (If Required)
If you are not satisfied with the RERA decision, you can file an appeal with the RERA Appellate Tribunal within 60 days. Further appeals can be made to the High Court and Supreme Court, if necessary.
Frequently Asked Questions (FAQs) on Filing a RERA Complaint
Q1. Who can file a complaint under RERA?
Any homebuyer, legal heir, or legal representative who has been affected by the builder’s misconduct can file a complaint under RERA.
Q2. Can I file a complaint if the builder is not registered under RERA?
Yes. If the project falls under RERA but is not registered, you can file a complaint for non-registration and regulatory violations.
Q3. What is the fee for filing a complaint in RERA?
The fee varies by state but generally ranges between ₹1,000 to ₹5,000. Some states charge additional fees for appeals.
Q4. How long does it take for RERA to resolve a complaint?
RERA aims to resolve complaints within 60 days, but actual timelines may vary based on case complexity.
Q5. Can I seek both refund and compensation from the builder?
Yes. You can claim a refund with interest or compensation for delay or non-compliance.
Q6. Is hiring a lawyer necessary for filing a RERA complaint?
It is not mandatory, but having a real estate lawyer can improve the chances of a favorable outcome.
Q7. Can I file a complaint against a builder for an under-construction project?
Yes. RERA covers both ongoing and completed projects if there is a violation of the Act.
Q8. What happens if the builder does not comply with the RERA order?
Non-compliance can result in penalties, revocation of registration, and even imprisonment under Section 59 of RERA.
Q9. Can I approach consumer court and RERA simultaneously?
Yes. However, you can seek relief from only one forum (Consumer Forum or RERA) at a time to avoid multiple proceedings.
Q10. What is the maximum penalty imposed on builders under RERA?
Under Section 60 of RERA, penalties can be up to 10% of the project cost, along with imprisonment for repeated violations.
Conclusion
Filing a complaint under RERA is an effective legal remedy for homebuyers facing issues with builders. By following the correct procedure and submitting all necessary documents, you can seek justice and ensure that the builder complies with the commitments made.
If you have any questions or need legal assistance, consulting a real estate lawyer can help streamline the process and strengthen your case.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304