How to File a Complaint in Rera Against the Builder?

Buying your dream home is a huge milestone in life. You put in your hard-earned money, time, and trust in the builder to deliver what they promised.

But sometimes, things don’t go as planned. Your builder might delay the project, use low-quality materials, or fail to provide the amenities they mentioned.

This is where RERA comes in to protect your rights as a homebuyer.

How to File a Complaint in Rera Against the Builder?

In this article, we’ll walk you through everything you need to know about filing a complaint against your builder under RERA.

We’ll use simple words and break them down step-by-step, so even if you’re not familiar with legal terms, you can understand the process easily.

What is RERA?

RERA stands for Real Estate (Regulation and Development) Act. It’s a law passed by the Indian government in 2016 to protect the interests of homebuyers and bring transparency to the real estate sector.

Under RERA, all builders must register their projects with the state’s RERA authority and follow certain rules and regulations.

Why is RERA Important for Homebuyers?

RERA is like a safety net for homebuyers. It makes sure that builders don’t take you for a ride. Here are some key benefits of RERA for buyers:

• Mandatory Registration: Builders must register their projects with RERA before they start advertising or selling. This means you can check if a project is RERA-registered before investing.
• Escrow Account: Builders must keep 70% of the money they get from buyers in a separate bank account. This money can only be used for construction and land costs. So your money is safe and being used for the right purpose.
• Timely Delivery: RERA requires builders to stick to the timeline they promised for completing the project. If they delay, they have to pay you interest for every month of delay.
• Quality Control: Builders must use good quality materials and construction techniques. They also have to fix any defects for free within the first year.
• Transparency: You have the right to know everything about the project – the layout plan, approvals, completion schedule, etc. Builders can’t hide information from you.

When Can You File a RERA Complaint Against Your Builder?

You can file a complaint with RERA if your builder does any of the following:

1. Delays in possession of your property If the builder doesn’t give you possession of your flat/house by the date mentioned in the agreement, you can file for compensation.
2. Delivers poor construction quality If you find defects in the construction or the builder uses substandard materials, you can complain to RERA. The builder must fix it for free within the first year (warranty period).
3. Makes false promises If the builder promises certain amenities, specifications, or facilities in the brochure/ads but doesn’t provide them in reality, you can seek action against them for false advertising.
4. Doesn’t refund your money Suppose you paid the booking amount to the builder, but later they cancel the project or don’t start construction at all. You can file a complaint to get your money back with interest.

Step-by-Step Process to File a RERA Complaint

Filing a RERA complaint is not as complicated as it sounds. You can do it yourself by following these simple steps:

What Details Go in the RERA Complaint Form? (Sample)

The RERA complaint form will ask for the following details:

1. Complainant Information
   • Your name
   • Address
   • Contact number
   • Email ID
2. Project Information
   • Name of the project
   • RERA registration number of the project
   • Builder’s name
   • Builder’s address
3. Complaint Details
   • Nature of complaint (delay, quality issues, false promises, etc.)
   • Brief description of the grievance
4. Supporting Documents (Attachments)
   • Copy of builder-buyer agreement
   • Payment receipts
   • Emails/letters exchanged with the builder
   • Photos/videos of defects, if any
5. Declaration
   • Your signature/attestation stating that the information provided is true and correct

How to Check Your RERA Complaint Status?

After filing your complaint, you would naturally want to know what happened to it. The good news is, that you can easily check your complaint status online through the RERA portal. Here’s how:

• Go to your state’s RERA website.
• Find the “Complaint Status” or “View your Complaint” option.
• Enter your complaint number, name, and filing date.
• Click submit and your complaint status will be displayed.

The status will show what stage your complaint is at, if the builder has replied, and by when it is likely to be resolved.

RERA Complaint Resolution Timeline

According to RERA rules, most complaints should be resolved within 60 days. The RERA authority first refers the complaint to its “conciliation forum” where both parties are called for mediation and amicable settlement. If that doesn’t work out, the matter goes for a formal hearing and order.

Benefits of Filing a RERA Case Against Builder

• RERA is designed specially to address real estate grievances, so the process is faster and more effective than regular courts.
• If RERA rules in your favor, the builder is bound by law to comply with the order or face severe penalties.
• Your complaint also serves as a warning to other buyers who are dealing with the same builder.
• Builders and agents can lose their license or registration if they repeatedly violate RERA rules.

FAQs:

1. How can I fight against a builder?

• Keep all your documents and communication with the builder safely as evidence
• Try to resolve issues with the builder directly first
• File a formal complaint with RERA along with proof
• Follow up regularly on your complaint status
• Seek legal advice if the builder doesn’t comply with RERA orders

2. What should I write in my RERA complaint?

• Your name, address, and contact details
• Project name, address, and RERA registration number
• Builder name and address
• Description of your grievance – what the builder did or didn’t do
• What resolution do you expect (refund, compensation, etc.)
• Attach copies of all supporting documents

3. How effective is filing a RERA complaint? RERA complaints are quite effective in getting justice for homebuyers, provided:

• Your complaint is genuine and valid as per RERA rules
• You have proper documentation and evidence to back your claim
• You follow the complaint process and timeline correctly
• The builder comes under RERA’s jurisdiction for that project

4. What are the limitations of RERA? While RERA is a strong law, it has some limitations:

• It came into effect in 2017, so older projects may not be covered
• The complaint must be filed within a prescribed time limit from the date of violation
• RERA orders can be challenged in higher courts which can delay the outcome

5. Which is better – RERA or Consumer Court? It depends on the nature of your complaint:

• RERA is specialized to handle real estate cases, so it’s faster and easier
• Consumer court looks at the wider aspect of deficiency in service, unfair trade practices, etc. beyond just real estate
• You can approach consumer court if you don’t get a satisfactory resolution from RERA.

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Conclusion:

We hope this article helped you understand how to file a RERA complaint against your builder in simple words.

Remember, RERA is your friend and partner in your real estate journey. Don’t hesitate to exercise your rights and seek legal help if needed.

Buying a home is a big decision – and with the right knowledge and precautions, it will be a rewarding one too.

If you have more questions about RERA or real estate in India, comment below; our experts will gladly guide you.