How to file a complaint with RERA?

Homeowners who conduct meticulous research, carefully vet developers, and choose RERA-approved projects are well-prepared for their property purchase. Despite these efforts, some challenges in the homebuying journey cannot be ruled out. These may range from delayed possession to structural problems, or any other challenge that needs to be addressed. Luckily, under RERA guidelines, homeowners can file a complaint with the authority through the RERA portal in their respective states.

Here's a step-wise guide to understand the process:

File the complaint on the official portal

1. Create an account on the RERA portal in the respective state, and after registration, file a complaint under section 31.
2. During registration, there's a prompt offering the option to approach the Conciliation Forum for a mutually agreeable resolution. By clicking on ‘No', the site directs you to the complaint filing page.
3. All complaints must be filed online using Form A, which is available after logging in.
4. To file a complaint, the following details are required: the building, wing, flat, shop, or unit number; the names of all owners or joint owners; the total consideration value; the amount of money paid to date; the date of allotment or booking; the date of agreement (if any); and the date of possession (if mentioned in the agreement).

Upload all necessary documents and make payment

Once the complaint is filed online, the complainant needs to submit the relevant documents, which shouldn't be more than 20 pages. At this stage, homebuyers need to make the payment and then, the complaint is examined by the authority. After payment confirmation and approval of the complaint, the developer and complainant will receive notifications, and the complaint details will be displayed on the respective dashboards.

Be a part of the hearing and resolution

The complaints registered with the Real Estate Regulatory Authority are taken up for hearing based on seniority, which is decided as per the date of filing. The notice is sent online, and both parties get notifications on their dashboard. On the first hearing date, if the parties agree to settle, the complaint is transferred to the conciliation forum. If not, further hearings proceed based on merit. During hearings, parties can submit replies, rejoinders, or written submissions and can request amendments or file miscellaneous applications. Roznamas (records of proceedings) will be uploaded to the RERA website.

Get notified of the final order

After all arguments are heard, the authority reserves the complaint for order. Orders will be published on the RERA website, and both parties will be notified.

Take necessary post-order action

If there are any defects in the order, parties can file for rectification under Section 39 of the Act. Additionally, any aggrieved party can file for a review of the order within 45 days as per Regulation 36 of the General Regulations, 2017.

A useful guide for homebuyers:

7 reasons to file a RERA complaint

Homebuyers have the right to file a complaint with the Real Estate Regulatory Authority if they experience a violation of the RERA Act by the builder, developer, promoter, or broker. The following are valid reasons to file a complaint:

• Delay in possession: If the developer delays the delivery of the property, homeowners can file a complaint to expedite possession or get a full refund with interest.
• False advertising claims: RERA guidelines ensure that developers and promoters refrain from any kind of false claims during marketing and advertising. If homebuyers were influenced by false advertising, it is possible to file a complaint against the developer, promoter or even the endorser involved.
• Demand for excessive advance payment: Builders can also request up to 10% of the property's cost as an advance payment. If they ask for more, homebuyers can file a complaint as per RERA guidelines.
• Issues with the project registration: All real estate projects are required to be registered under RERA. It is recommended that homebuyers only opt for RERA-approved projects for their dream home. If any builder attempts to sell an unregistered project, it is possible to file a complaint.
• Lack of project details: According to the Real Estate Regulatory Act, builders must update all project details – plans, layouts, government approvals, etc. on the RERA website for customers to see. If any of this information is missing, home seekers can file a complaint.
• Structural defects in the project: Even after moving into the project, if any structural defects in the workmanship or problems in the construction quality come to homeowners' notice, they can file a complaint. The promoter is expected to compensate in case of such difficulties.
• Unauthorised ownership transfer: A promoter cannot transfer majority rights to a third party without the consent of two-thirds of the allottees. If this occurs without proper consent, homeowners can file a complaint.

RERA protects homebuyers' rights at every step of the way

The Real Estate Regulatory Act is designed to ensure the timely recovery of possession of the property or money to homebuyers. While filing a complaint may seem daunting, understanding the process and homeowners' rights makes it manageable and effective. The objective of RERA is to protect a homeowner's interest. It offers a structured mechanism to resolve disputes on a fair and transparent platform. This also ensures accountability in the real estate sector.