Did your builder promised you a swimming pool, clubhouse or gymnasium, but failed to deliver it? The Real Estate (Regulation and Development) Act, 2016, better known as RERA, offers homebuyers a legal route for redressal.RERA was introduced to make the real estate sector more transparent and accountable, while protecting buyers from unfair practices. Every state has its own RERA authority, such as MahaRERA in Maharashtra, HRERA in Haryana, and UP RERA in Uttar Pradesh. Under this law, builders must register projects, disclose approvals, timelines, and layout plans, and deliver possession on the date promised in the agreement.
When can a buyer file a complaint?
In situations like these, homebuyers can approach RERA. Most importantly, it empowers homebuyers to file complaints against builders, promoters, or real estate developers if they fail to deliver promised amenities like a swimming pool, clubhouse, gymnasium, landscaped gardens, parking areas, and children’s play areas, and also issues like delayed possession, poor construction quality, misleading advertisements, contract violations, or non-registration of a project.Section 18 protects homebuyers if a builder (promoter) fails to deliver possession of an apartment, plot, or building on time. It gives buyers the legal right to demand a full refund with interest or monthly interest for the delay. Section 31, on the other hand, provides for filing of a complaint by an aggrieved person with the Regulatory Authority or Adjudicating Officer, as the case may be.
What remedies are available if possession is delayed?
Section 18 of the RERA Act gives buyers two choices when possession is not handed over on time.1. Continue with the project and claim compensationIf you still want the flat, you can ask for interest at the applicable rate for every month of delay until possession is delivered.2. Withdraw from the project and seek a refundIf the delay is too long and you do not want to continue, you may ask for a full refund of the amount paid, along with interest at the applicable rate. Courts and RERA authorities have repeatedly allowed refund and compensation in genuine delay cases.
What documents should you keep ready?
Before filing a complaint, keep these documents ready:
- Home loan papers, if any.
- Email or WhatsApp messages with the builder.
- Brochures or advertisements showing promised amenities.
The project’s RERA registration number, after checking whether the relevant tower or phase is registered on the state RERA website.
How is a RERA complaint filed?
Most state RERA portals allow online filing. The complaint fee varies from state to state and depends on the value of the claim.Steps to follow:
- Identify the correct state portal based on where the property is located. You can also find the link to your state’s RERA portal using this link.
- Register on the portal with your email and create a login ID and password.
- Go to the Complaints section and fill in the details: complainant information, project RERA number, property information, respondent details, and a clear description of your grievance and relief sought.
- Pay a nominal complaint fee and submit your application. It is important to note your complaint reference number for tracking.
- Track status online through the same portal.
Form M and Form N
Form M is filed directly with the RERA Authority and is used when a homebuyer wants to report a violation by a promoter or real estate agent. Form N, on the other hand, is to be utilized by allottees to file a complaint regarding any compensation related matters where a real estate promoter or a real estate agent is at fault before the Adjudicating Officer.
State-wise differences in the process
Some states require the complainant to submit the hard copy of the complaint to their respective RERA office. For example Assam requires the complainant to deliver a copy of the set consisting of complaint in Form“M”, registration form (Proforma B) and Annexures and Demand Draft of fees paid and detailed typed complaint and self-declared and signed certificate.Kerala RERA does not have provision for online filing of complaints. The complainant shall submit the complaint with sufficient number of copies required to be sent to the respondents along with supporting documents to the Authority by registered post or directly in person in the office of the Authority.The authority typically processes the complaint and provides further instructions via the portal or other communication methods. This may involve notifications, schedules for hearings, requests for document submissions, or updates regarding the status of the complaint.If a hearing is arranged, the complainant should prepare the relevant facts, supporting documents, and the specific relief being sought. The process then continues through the hearing until a decision is made. The ruling may mandate compliance, issue a refund, require corrections, or offer some other type of relief, based on the circumstances of the case.
