One should know “how to file a complaint in RERA”. A complaint can be filed under section 31 of the Real Estate (Regulation and Development) Act 2016 either to the Regulatory Authority or the Adjudicating Officer. The complaint can be filed against anyone, it can be promoter, agent or even the allottee. Most of the State government Rules made in accordance to the central legislation of RERA have mentioned about the procedures and forms wherein the application is to be made. For instance- Chandigarh Union Territory or UP RERA have placed the Form “M” or Form “N” for registering a complaint.
Any complaint to be filed under RERA has to be in the prescribed form as stated by the concerned State RERA Rules. The complaint can be filed with respect to the project registered under RERA, only then it will come under the jurisdiction of RERA, within the given time limit for violation or contravention of provisions of the Act or the Rules framed under RERA.
There are certain benefits of filing a case under RERA rather than approaching the consumer forum such as there are higher chances of speedy disposal of complaints in RERA, increased transparency in the working of officials, the promoters need to act financially disciplined, there is no confusion with regard to area measurements as standardized form is followed given under the Act, adjudicating mechanism is specifically framed for dealing with real estate matters and many more. Hence, it is suggested to file complaint with the Regulatory Authority or Adjudicating Officer in RERA for expeditious justice.
When to file a complaint in RERA
There are certain conditions under which a complaint can be filed in the RERA Authority or Adjudicating Officer for any kind of violation or contravention of the provision of the RERA Act or Rules by the promoter, builder, promoter or even real estate agent. Under the following conditions, a complaint can be filed in RERA-
- Delay in possession- if the developer delays the delivery of possession of the house or flat than the reasonable or stated time, then buyer can file a complaint against the builder for getting immediate delivery of the property or get refund with full interest of the advance amount.
- Advance payment- the developer or builder is permitted to ask only 10% of the cost of the house or flat or plot from the allottee as advance payment. If the buyer asks for more, then the buyer can file a complaint against the builder.
- Unfit registration of project- it is mandatory for the projects to be registered under RERA. If the builder or developer has sold or tries to sell an unregistered project then the buyer can file a complaint against the builder.
- False advertisement- the allottee can file a complaint against the builder, promoter or even the endorser, if the buyer was misinformed about the false advertisements on the basis of which he or she has the buyer decided to buy the property and deposited the sum to the promoter.
- Structural defects- if there are any explicit structural defects in the property or quality of services provided, then the promoter will have to compensate the allottee or the same. If the buyer is not paid damages then the buyer can file a complaint.
- Lack of information about the project- the buyer has the right to have every detail of the project such as project plan, layout, government approvals etc. All this information should be updated on the official site of RERA. One can file a complaint if the builder or promoter doesn’t abide by this provision.
- Ownership transfer- the promoter of the company cannot transfer the majority of his rights to any third party, and in case he or she is found doing so, without the consent of the 2/3rd majority of the allottees, then one can file a complaint against the specific promoter.
What to do with pending complaints with NCDRC?
Before the Real Estate (Regulation and Development) Act was enacted, all these real estate matters were dealt by consumer forums, as allottee came under the category of “consumer”. But due to high number of cases, these applications were heard much later and there was no specific Authority or tribunal for dealing real estate matters specifically. Hence, the RERA Act was enacted in 2016, but there were certain cases pending with the National Consumer Dispute Redressal Commission (NCDRC) and other forums.
It was suggested that the allottees or aggrieved parties could withdraw their cases from consumer forums and approach the authority under RERA. Other offences except for the complaints under Section 12, 14, 18 and 19 could be filed before the RERA Authority.
It was recently mentioned by the Punjab and Haryana High Court, that a home buyer has the legal remedies to approach the RERA and the Consumer Protection Act simultaneously and it is also not mandatory for an aggrieved party whose complaint is pending before the consumer forum should have it transferred to the Adjudicating Officer under the RERA.
In the famous case of M/s Imperia Structures Ltd. v. Anil Patil and Another, the judgment was passed on November 2nd 2020, the Apex Court ruled that buyers can approach the consumer forum, even though a specific legal remedy is available for them with the Regulatory Authority of RERA under the Act 2016.
The facts of the case were, that Imperia Structures had moved to the Supreme Court against the order of NCDRC, which was given through consumer forum in 2018 wherein the order directed the developer to offer refunds to 10 home buyers over delay in the Gurgaon housing project ESFERA. In the appeal, developer made the contention that since RERA had come into force by 2018, all such matters relating to the project building and completion should be dealt by the Real Estate Regulatory Authority and not the NCDRC.
The project ESFERA was launched in 2011 and units were booked in the period between 2011 and 2012, but the company failed to deliver the project despite the passage of 42 months as mentioned in the builder-buyer agreement. Hence the suit was filed with NCDRC by buyer to seek the refund of their advances. The NCDRC gave the order that builder was liable to refund the amounts of buyers deposited with simple interest of 9% per annum from the date of deposit till the date of realization along with Rs 50,000 as fine to be paid to each buyer.
Hence, the Supreme Court was in favour of NCDRC’s decision and dismissed the appeal of developer, stating that Section 79 of the RERA Act doesn’t put a bar on the consumer to approach the commission or forum under the Consumer Protection Act.
How to file a complaint in RERA?
Section 31 of the RERA Act speaks of “filing of complaint”. It states that any aggrieve party may file a complaint with the Adjudicating Officer or Regulatory Authority as per the case for any kind of violation or contravention of the provisions of the Act or Rules specified by the State RERA respectively against the promoter, allottee or real estate agent.
It is further explained that “person” shall include the association of allottees or any other consumer association which is registered under law for the time being in force. And the form, method and fees for filing of the complaint has to be decided under Section 31(1) as specified by the regulations.
There is set procedure of filing a complaint before the Regulatory Authority or Adjudicating Officer. The procedure is as follows-
- Fill the complaint form as per the rules of the respective State RERA wherein the project is situated.
- Then fill the details of the complainant and the respondent along with the latest address and registration number of the project.
- Then mention the facts of the case and the reasons for claim and if any other relief that you are seeking, mention in the along with reasons.
- Then pay the stated fee of the complaint and the fee might be different depending from state to state.
- The complaint can also be filed via online mode through your State’s RERA website.
- Once, the complaint is filed and decision has been given by the Authority, but you are not content with the decision, then the aggrieved can file a complaint with the RERA Appellate Tribunal within 60 days of notice of such decision.
- If the party is still not satisfied with the decision of the Appellate Tribunal, then they can file an appeal in the High Court within 60 days of notice of such order.
In the renowned case of Bindu R Jaisingh v. Ekta Parksville Homes Pvt. Ltd. where complainant was buyer, she was promised that she will be given possession of the flat by June 2017, but there was unreasonable delay in possession and hence she filed a complaint. The respondents came ahead with the request to allow them some reasonable time as the delay was beyond their control.
The Authority ordered parties to execute and register the agreement of sale after the 45 days of the order and respondent party was directed to complete the project and hand over the possession before June 2019 to the complainant. The court further mentioned, if the builder fails to give possession to the complainant by June 2019, then she shall be liable to pay interest to applicant from July 1 2019 under the Rule 18 of the Maharashtra RERA, Rules 2017.
When the issue is regarding the delay in possession, the builder or developer can be given extension by the Authority if they are able to show the reason for delay was not controllable or beyond the assumption or foreseeability of the builder. If the Authorities are convinced, then the Court may grant some relief of specific period to the builder.
Forums under the RERA
There are various forums under Real Estate (Regulation and Development) Act 2016 for filing a complaint against the builder, developer, promoter, real estate agent or even allottee. The forums are-
- The Real Estate Regulatory Authority, was introduced by the Central government for regulating the working of real estate industry and implement better functioning, transparency and accountability among the builder and promoters. The Authority necessitates builders or promoters, to disclose all the details and information regarding the project without any incorrect advertisements or fabrications. The Authority also works for the benefit of the home buyers by providing them with expeditious redressal of disputes. The RERA Authority has further mandated for all the real estate agents to register themselves along with their projects.
- The Adjudicating Officer, is appointed by the Central government for exercising jurisdiction, powers and authority conferred by or under the RERA Act. The Officer is empowered to award the following remedies to the aggrieved parties-
- Refund along with interest for false advertisement or presentation of the project
- Compensation for alteration in the original plan of the project without the former consent of the buyer
- Damages for structural defects in the project or any other defect related to workmanship or quality of the services provided or any other obligation of the promoter.
- Refund along with interest (annually or monthly) for period of delay in giving the physical possession of the property.
The Adjudicating officer has the power to order compensation to the aggrieved party in order to restore its losses. Both Adjudicating Officer and Regulatory Authority have the power to award interest or impose a penalty on the defaulting party. But while making such decisions, the AO should consider the quantum of compensation or interest, in regard to the following factors-
- The sum of disproportionate gain or unfair advantage acquired by the builder or developer due to the result of default
- The amount of loss caused to the buyer because of the default
- The number of times default has been made
- Any such other factor that Adjudicating Officer considers is necessary to the case for dispensing justice
- RERA Appellate Tribunal, has the power to revise any order or direction of the RERA Authority or Adjudicating Officer. The Appellate Tribunal calls for records from the lower authorities as needed for disposal of such appeal.
If the Regulatory Authority gives a decision in favour of builder, then one can file an appeal in the RERA Appellate Tribunal within 60 days from date of receipt of order of Authority. Section 44 of the RERA Act 2016, speaks about filing of an “Appeal” against the order of RERA Regulatory Authority or Adjudicating Officer. The application for appeal is usually filed in Form L as per the respective State RERA Rules.
Format of complaint (As per Maharashtra RERA)
FORM ‘A’
[see rule 6]
COMPLAINT TO THE AUTHORITY
(Complaint under section 31 of the Act)
For use of Authority(s) office :
Date of filing : …………………………………………………………………….
Date of receipt by post : ………………………………………………………….
Complaint No. : ……………………………………………………………………
Signature : …………………………………………………………………………
Authorised Officer : ………………………………………………………………..
IN THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY OFFICE (Name of place)
Between
………………………………………. Complainant(s)
And
………………………………………. Respondent(s)
Details of claim :
1. Particulars of the complainant(s) :
(i) Name of the complainant :
(ii) Address of the existing office/residence of the complainant :
(iii) Address for service of all notices :
2. Particulars of the respondents :
(i) Name(s) of respondent :
(ii) Office address of the respondent :
(iii) Address for service of all notices :
3. (a) Jurisdiction of the Authority :
The complainant declares that the subject matter of the claim falls within the jurisdiction of the Authority.
(b) Project Registration No.
4. Facts of the case :
[give a concise statement of facts and grounds for complaint]
5. Relief(s) sought :
In view of the facts mentioned in paragraph 4 above, the complainant prays for the following relief(s) ………………
[Specify below the relief(s) claimed explaining the grounds of relief(s) and the legal provisions
(if any) relied upon]
6. Interim order, if prayed for :
Pending final decision on the complaint the complainant seeks issue of the following interim order :
[Give here the nature of the interim order prayed for with reasons]
7. Complaint not pending with any other court, etc. :
The complainant further declares that the matter regarding which this complaint has been made is not pending
before any court of law or any other Authority or any other Tribunal(s).
8. Particulars in respect of the fee in terms of sub-rule A(1) of rule 6 :
(i) Amount
(ii) Mode
9. List of enclosures :
[Specify the details of enclosures with the complaint]
Verification
I ………………………………………………. (name in full block letters) son / daughter of ……………..
the complainant do hereby verify that the contents of paragraphs [1 to 9] are true to my personal knowledge
and belief and that I have not suppressed any material fact(s).
Place :
Date : Signature of the complainant(s)
FORM ‘C’
(see rule 9)
APPEAL TO APPELLATE TRIBUNAL
(under section 44 )
For use of Appellate Tribunal’s office :
Date of filing : …………………………………………………..
Date of receipt by post : ………………………………………..
Registration No. : ……………………………………………….
Signature : ………………………………………………………
Authorized Officer : …………………………………………….
IN THE MAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL (Name of place)
Between
………………………………… Appellant(s)
And
………………………………… Respondent(s)
Details of appeal:
1. Particulars of the appellants:
(i) Name of the appellant:
(ii) Address of the existing office / residence of the appellant :
(iii) Address for service of all notices :
2. Particulars of the respondents :
(i) Name(s) of respondent :
(ii) Office address of the respondent :
(iii) Address for service of all notices :
3. (a) Jurisdiction of the Appellate Tribunal :
The appellant declares that the subject matter of the appeal falls within the jurisdiction of the Appellate Tribunal.
(b) Project Registration No :
4. Limitation :
The appellant declares that the appeal is within the limitation specified in sub-section (2) of section 44
OR
If the appeal is filed after the expiry of the limitation period specified under sub-section (2) of section 44 specify reasons for delay …………………………………………………………………………..
5. Facts of the case :
(give a concise statement of facts and grounds of appeal against the specific order of the Authority or the Adjudicating Officer, as the case may be passed under section(s) ……………………………….. of the Act.
6. Grounds of Appeal :
7. Relief(s) sought :
In view of the facts mentioned in paragraph 5 above, the appellant prays for the following relief(s) …………………………………………………………..
[Specify below the relief(s) sought explaining the grounds of relief(s) and the legal provisions (if any) relied upon]
8. Interim order, if prayed for :
Pending final decision on the appeal, the appellant seeks issue of the following interim order :— (Give here the nature of the interim order prayed for with reasons)
9. Matter not pending with any other court, etc. :
The appellant further declares that the matter regarding which this appeal has been made, is not pending before any court of law or any other Authority or any other Tribunal(s).
10. Particulars of the fee in terms of sub-rule A (1) of rule 9:
(i) Amount
(ii) Mode
11. List of enclosures:
(i) An attested true copy of the order against which the appeal is filed
(ii) Copies of the documents relied upon by the appellant and referred to in the appeal
(iii) An index of the documents
Verification
I ………………………………………… (name in full block letters) son/ daughter of ……………………….. the appellant do hereby verify that the contents of paragraphs (1 to 10) are true to my personal knowledge and belief and that I have not suppressed any material fact(s).
Place :
Date : Signature of the appellant(s) _______________
This article is authored by Rhea Banerjee.
Refer- shorturl.at/bszCS
Also Read- https://www.lawgurus.in/what-is-non-disclosure-agreement/
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