- Author Name: Anshul Gupta
- Details: Advocate, Supreme Court of India, LL.M.(Catholic University Lyon, France); Master 2( State University Lumiere Lyon, France) E-mail: firstname.lastname@example.org
ANG Partners has been helping homebuyers with their RERA Complaints against builders all across India. Every day, we deal with RERA queries from all parts of India and guide homebuyers with the process for filing and representation of complaints under RERA and execution of an appeal against a RERA order. However, there are certain queries that we found are common with most of the homebuyers dealing with their disputes with builders.
Here are the top 5 common questions asked by homebuyers on complaints under RERA:
- WHEN CAN A RERA COMPLAINT BE FILED?
Under the Real Estate (Regulation and Development) Act, 2016 homebuyers can file a complaint under RERA on the following grounds:
- Delay the delivery of property possession.
- When the builder violates the real estate laws and rules.
- When the builder constructs the property with substandard or poor quality
- When the builder stops the property construction without any reason.
- When the builder fails to obtain the Completion Certificate or the Occupancy Certificate.
- When the builder changes the property layout without prior approval from the buyer.
- When the builder fails to obtain relevant permissions.
- When the builder creates a third-party interest in the property.
- WHAT RELIEF CAN BE SOUGHT FROM RERA AUTHORITY?
A homebuyer can file a RERA Complaint with the RERA Authority or Adjudicating
officer of the state in which the property is located, for any of the following reliefs:
- To cancel the flat booking.
- To claim a refund of the amount paid along with interest/compensation.
- To ask for delivery of possession within a specific period.
- CAN A CONSUMER COMPLAINT BE FILED SIMULTANEOUSLY WITH
A RERA COMPLAINT?
The RERA Act does not prohibit the homebuyers from filing a consumer complaint
against the builder with a competent consumer court, like the National Consumer
Dispute Redressal Commission. However, such complaints must be filed when there is no RERA complaint pending with the RERA Authority for the same real estate project.
A homebuyer can either file a complaint with the RERA Authority or with the
consumer forum against the builder. However, if the consumer wishes to file a
consumer complaint and has a RERA complaint pending or vice versa, the homebuyer would need to withdraw the ongoing complaint first and then file a new complaint with the other authority.
Also, a homebuyer can approach RERA or a consumer forum after obtaining an order from either of the authorities if he/she is not satisfied with such order.
- HOW TO GET EXECUTION OF RERA ORDER DONE?
After a RERA order is passed in a RERA complaint, the builder gets 45 days to
execute the order and provide the relief awarded to the home buyer. However, if the builders refuse to enforce the RERA order, the homebuyer can file an application with the RERA Authority for the execution of the RERA order. Such application for enforcement of a RERA Order is filed with the same RERA
Authority that passed the order. The execution application must be filed within 60 days of receiving the order of the RERA Order.
- IS THERE A NEED FOR A RERA LAWYER TO FILE A COMPLAINT
If you plan to file and represent your RERA complaint without a lawyer, the odds may not fall in your favour as you may find it difficult to quirkily respond to the arguments presented by the builder’s lawyer or contest any legal curve balls thrown at you. A RERA advocate would handle both for you.
ANG Partners can help you with your RERA, National, State or District Consumer complaint filing, representation before the appropriate forum and execution of the order in case of non-compliance by the builder. You can consult ANG Partners by simply giving us a call at 9205089671 or sending us an email at email@example.com