When and how should you file a complaint under RERA?
The Real Estate (Regulations and Development) Act was enforced in India on 1st May 2017 and gave a 90 days’ notice to all the states for rule notification. This revolutionary Act has been implemented to empower the homebuyers who have felt victimized at the hands of the builders and developers. With less than a month left for the rule to finally come into play, the aggrieved homebuyers have come into action and are looking forward to the process of filing a complaint against the unscrupulous builders. Here is a quick guide for all the homebuyers who want to file a complaint under RERA.
When to File a Complaint under RERA
In case the homebuyer has any type of complaint against the builder or developer, he/she should immediately file a complaint against them under RERA. Complainants under RERA will require complying with the time periods for initiating proceedings, as prescribed in the Limitation Act, 1963. The time periods under this Act vary, based on the specific claims. In addition, in order to seek urgent interim relief, it would be advisable to approach the RERA authority as soon as possible, after the action causing the complaint takes place.
If the complainant remains unconvinced by the decision made by the RERA Authority, he/she has full right to take the matter to RERA Appellate Tribunal and appeal before them. The time frame for appealing before the Appellate Tribunal is 60 days. If still not satisfied with the judgment, the person can appeal to the High Court within 60 days from the appeal made before the RERA Appellate Tribunal.
Filing a case under RERA
Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:
- The particulars of the applicant and the respondent.
- The registration number and address of the project.
- A concise statement of facts and grounds of claim.
- The reliefs and interim reliefs, if any, sought.”
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority.
Time frame for dispute resolution under RERA
There is no specific time frame provided in the RERA, for filing a complaint. However, a complainant should not be complacent. Complainants under RERA, will require to comply with the time periods for initiating proceedings, as prescribed in the Limitation Act, 1963. The time periods under this Act vary, based on the specific claims. In addition, in order to seek urgent interim relief, it would be advisable to approach the RERA authority as soon as possible, after the action causing the complaint takes place.
The benefits of filing a case under the RERA
- Chances of expeditious disposal of complaints.
- Requirement of financial discipline by the promoters.
- No ambiguity in area measurements.
- Promoters are liable for compensation for delayed delivery.
- Adjudicating mechanism to be in place.