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How to File a RERA Complaint Against Builder?

RERA means, the Real Estate (Regulation and Development) Act, 2016. RERA Law is there to protect the interest of home buyers in India. In case, you are not provided with efficient and transparent solutions to your RERA complaint against builder, then RERA ensures your sale of property or real estate project or acts proactively towards possession delay consumer complaint against builder. Format of sending a legal notice for complaint against builder can also be found in this blog.
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Possession of land and property is a mark of status. Particularly in India, where the property is on a pedestal in terms of marking one’s social standing. Due to this and a wide culmination of other factors, home buyers in India have been continually rising in numbers. The issue, however one faces is that a home buyer in India is at the mercy of builders. To protect home buyers, who often put their entire life earnings and savings at stake is why we need legislation like RERA Law.

For more adept information or legal help regarding the proper legal procedure to file a RERA complaint against a builder, connect to us for an expert legal consultation.

Introduction to RERA, 2016

RERA means the Real Estate (Regulation and Development) Act, 2016. It was passed to establish a Real Estate Regulatory Authority and an Appellate RERA Tribunal for the purpose of the regulation and promotion of the real estate sector. Also to ensure that the sale of plot, apartment or building, or real estate project happens in an efficient and transparent manner to protect the interest of consumers. It also seeks to establish an adjudicating mechanism for the speedy dispute redressal. That is in the case of any infringement of the provisions provided under the Act.

In this blog, you'll understand how to file a case under RERA against the builder.

In case, you are looking for sending a legal notice to the builder, the format can be found here. And you can also connect with the best property lawyer in India or anywhere near your proximity.

For further inquiries regarding the legalities of filing a RERA complaint against a builder or on other property matters, ask for adept legal advice from our top lawyers and legal experts.

Table of Contents:

File: RERA Complaint Online

When Can a Buyer File a RERA Complaint Against Builder?

A buyer may file a case of RERA complaints with the RERA Authority for any violation or contravention of the provisions of the RERA Act or the rules and RERA regulations which are made against any promoter, allottee or real estate agent.

A buyer can consult top property lawyers to file a RERA complaint about the following reasons: 

  • Delay in Possession: If a builder delays the delivery of possession of a property, the buyer has the right to file a complaint under RERA. One can file the complaint against the builder to get immediate delivery of possession or to get a full refund of the payment amount along with the interest.

  • False advertisement: Where a false or misleading advertisement, notice or prospectus is displayed by the promoter on the basis of which an allottee has deposited a sum with the promoter. Then, a RERA complaint can be filed by RERA Lawyers.

  • Advance payment: You may give a cap of 10% of the cost of the building, apartment or plot as advance payment. If a builder asks for an advance payment more than this, the buyer can consult real estate development lawyer to know how to file a case against the builder in RERA.

  • Improper registration of a Project: It is imperative that all projects have a registration under RERA, 2016 with the Regulatory Authority. If a builder has sold or is trying to sell an unregistered project, the buyer can file a RERA complaint by hiring the top property lawyers.

  • No details about the Project: All details regarding the project need to be updated on the website of the Regulatory Authority. You can consult property matters with expert lawyers to file a RERA complaint if one doesn't adhere to this provision.

  • Structural Defects: In case of any structural defects in the workmanship and quality of the services, the promoter will have to compensate the amount paid by Structural defect allottee.

  • Transfer & Assignment: A promoter cannot transfer majority rights to any third party. However, one can do so if a two-thirds majority of the allottees feel satisfactory of it.

Thus, these points help a person understand when to file a case in RERA. Moreover, these conditions also help in when to file a complaint under RERA, while dealing with both non-registered and RERA registered builders.

how to file case under RERA against builder

Related Read: Legal Heir Certificate in India

Rights of Buyers Under RERA, 2016

Section 20 of the Real Estate (Regulation and Development) Act, 2016 provides the rights of the allottees to:

  • Obtain complete information regarding the sale that has been signed with the promoter

  • Beware of the stage-wise schedule of the project and how much of the project has been completed

  • File a complaint against builder about possession delay of apartment, plot or building 

  • Claim refund of the amount with interest at a rate and in a manner that is prescribed and compensation in the manner provided under the Act

  • Have the requisite documents and plans

RERA complaint against builder

Suggested Read: How RERA impacts buyers?

How to File a RERA Complaint Against Builder?

Section 31 of RERA, 2016 states that any aggrieved person may file an application directly with the Regulatory Authority or Adjudicating Officer. This can be for the violation of provisions of the Act or any rules and regulations formulated under this Act against:

  • A promoter

  • Allottee

  • Builder

  • Contractor

  • Or, a real estate agent

You need to find RERA lawyers. Then file a RERA complaint with the appropriate authority under whose jurisdiction the property area is in.

Any person who has invested in a real estate project or has some legal interest in it can file a complaint in RERA. The RERA complaint procedure in India includes the following steps:

  • One can file the complaint against builder under RERA in the format as prescribed under applicable State Rules

  • A RERA complaint includes the following details:

  1. The name, address and other details of the buyer

  2. Address of the project

  3. Registration number of the property

  4. The facts and statements relating to the delay in the property

  5. The response of project developer

  6. The relief sought from the RERA Authority

  • A prescribed fee is paid along with the RERA complaint. This fee varies in every State. There is a RERA complaint online procedure that exists to file a RERA complaint against the builder. Different portals are in existence for different states. For instance, RERA lawyers can file a complaint against builder under RERA on:

  1. The UP RERA portal

  2. Maharashtra RERA

  3. RERA Delhi, or

  4. On the portal of any other state’s RERA portal after giving proper RERA legal advice

  • To claim compensation from the builder, a RERA complaint is filed with the Adjudicating Officer in the same format. It should contain additional details sought from the builder relating to the amount paid to the buyer, the compensation and the interest over the amount. This must be included in the RERA complaint. Under RERA, 2016, all complaints against builders including the complaint about possession delay must be disposed of by the RERA Authority within 120 days.

complaint against builder

Top Read: Send Legal Notice Against Builder for Delay in Possession

Appeal Under RERA, 2016

If the buyer is not satisfied with the decision of the RERA Authority or the Adjudicating Officer then, the RERA lawyers can file a RERA appeal on the buyer’s behalf, with the RERA Appellate Tribunal. Within 60 days of the decision of the RERA complaint, one must file this RERA appeal. Further, an appeal can be filed against the RERA Appellate Tribunal’s decision with the High Court which has jurisdiction over the area in which the property is located.

RERA lawyers must also file this second appeal within 60 days of the decision of Appellate Tribunal. RERA puts the liability on the builder to deliver property possession within the decided time period. If the builder fails to deliver possession on time, he/she will have to return the entire amount paid by the buyer as well as interest at a rate mentioned in the contract.

In case, the buyer does not take the money, the builder will be liable to pay monthly interest every month until the possession is delivered.

Penalties on Builders or Promoters Under RERA, 2016

Chapter VIII of RERA, 2016 lays down the offences, penalties and adjudication. Sections 59-72 deal with the provisions comprehensively.

  • Stringent penal provisions such as Section 59 of the Act deal with a scenario of contravention or non-compliance of the provisions of:

  1. The RERA Act

  2. Orders

  3. Decisions, or

  4. Directions of the Regulatory Authority

  5. Or the RERA Tribunal

  • Non-registration of a project by a promoter with the Regulatory Authority shall mean that one can have a penalty imposition up till 10% of the estimated cost by the Authority.

  • If one doesn't comply with it, then the imprisonment of up to 3 years and the imposition of a penalty of about 10% of the estimated cost or both will be there. 

  • In cases where a promoter is furnishing false information to the Regulatory Authority, it shall then invite a penalty of up to 5% of the estimated cost of the project or construction.

One lays out certain penal provisions for contravention or violation committed by a real estate agent or the allottee as the Act has a holistic approach. These include:

  • Non-compliance of the Act can lead to a cumulative penalty amounting to 5% of the cost of the plot, apartment or building. The Regulatory Authority determines this.

  • Further, if any orders of the Appellate Tribunal are in conflict then, in that case, one can face imprisonment up to 1 year. That too with a fine calculated per day of the persistence of the default. Which maybe extending up to 10% of the cost of the plot, apartment or building on imposition.

RERA registered builders

Further Read: What to do if the Builder Delays Possession of Property?

How MyAdvo Helps You Here?

MyAdvo can help you find the expert lawyer online and connects you with the best property lawyers in India to file a complaint against builder under RERA. MyAdvo acts as Client's legal concierge providing technology solutions for Lawyer Discovery, Price Discovery and Case updates. With the use of technological solutions, we match the client’s requirements with the lawyer based on expertise, location etc.

Our dedicated team strives to do everything to help the client in making better-informed decisions. We at MyAdvo understand your legal situation and requirements to offer best efficient solutions. To connect with us, send in your legal query via email at consult@myadvo.in or give a call to us at +91-9811782573.

Reviewed by:
Apeksha Pandita
Published on 17th Aug, 2019
19,632 views