What is RERA Complaint?

Real estate explains the constructed environment that is necessary for businesses and society to function. The Real Estate Act (Regulation & Development), 2016, protects residential and commercial subdivisions in the real estate industry. The RERA Act’s objectives are to safeguard consumer rights and interests and to advance consistency and standardisation in business conduct and real estate transactions. By placing obligations on both parties, it also aims to create informational symmetry between buyers and promoters and balance the interests of both parties. If a buyer’s rights are violated or any requirements of the Act are disregarded, any home buyer may submit an RERA Complaint against the builder, developer, or agent.

The RERA regulates the subdivision of residential and commercial real estate. Real estate regulatory authority, or RERA, was established in 2016 and is often referred to as RERA, 2016. RERA encourages consistency and transparency in the way business is done in the real estate industry. It works diligently to achieve information symmetry between buyers and promoters and to defend the interests of both buyers and promoters by setting clear and stringent obligations on each of them. RERA serves as a barrier between customers and greedy builders, and it also gives consumers access to a forum called RERA complaint.

Rights of the Buyer Under the RERA Act

Customers have the benefit of transparency regarding measurements, project completion dates, payment schedules, fines, and other legal matters that are handled in accordance with the Act’s provisions.

The builder must recalculate the cost of the carpet area, including built-up, super built-up, PFS, and other terms. By doing this, the builders’ price terms are ensured to be consistent.

The buyer has the right to request a complete refund.

For the aim of a quick hearing, it is required to install the adjudicating device in the proper location.

Builders are required to hold 70% of the total in a single escrow account for each project. In addition, if the function Object() { [native code] } is found accountable

Documents Required for Filing a RERA Complaint

The complaint before the Real Estate Regulatory must be made with the following details and documents:

• Name of the complainant with complete address, email id and phone number
• Name of the builder/promoter
• Facts to be disclosed in brief
• Documents as proof such as the agreements entered/mail transactions/letters exchanged/ Legal Notices sent
• Payment of INR 1,000 as a fee in all states except Maharashtra and Goa where it is INR 5,000

Benefits of Filing a RERA Complaint Online

• The buyers need not undergo a lengthy judicial proceeding before the consumer forum for raising a complaint against builder.
• The adjudication process is in place for dealing with the RERA complaint against builders.
• Transparency in dealing with RERA complaints and the RERA complaint status is provided in the dedicated website for each state.
• RERA complaints against Builders ensures compensation by Promoters for delayed possession.
• RERA complaints have speedy and expeditious disposal.

When Can You File a RERA Complaint Online?

The Real Estate Act imposes many obligations both on the promoter as well as the buyer. On breach of such obligation, the Authority can, either suo moto (on his own) or on a complaint made in this behalf initiate proceedings against the defaulter.

Who Can File a RERA Complaint?

Under the Real Estate (Regulation and Development) Act, 2016 (RERA), a wide range of individuals and entities can file a complaint against any party involved in a real estate project if they feel aggrieved by their actions or omissions. Here’s a breakdown of who can file a RERA complaint:

Homebuyers: This is the most common category of complainants. Any homebuyer who has purchased a flat or apartment in a RERA-registered project can file a complaint against the builder, developer, promoter, or real estate agent for various violations, including:

• Delay in delivery of possession: This is a major concern for many homebuyers, and RERA provides a mechanism to seek compensation for delayed possession.
• Construction defects: If the construction quality is poor or there are structural defects in the apartment, the homebuyer can file a complaint and seek rectification.
• Non-adherence to agreed-upon specifications: If the builder has not provided the promised amenities or features in the apartment, the homebuyer can file a complaint.
• Unfair charges: If the builder has levied any illegal or unfair charges, the homebuyer can seek redressal through RERA.

Allottees: Allottees are similar to homebuyers, but they might have purchased a plot of land or a commercial property instead of a flat. They have the same rights as homebuyers to file complaints against the developer for similar violations.

Other Stakeholders: In addition to homebuyers and allottees, the following individuals or entities can also file RERA complaints:

• Investors: If you have invested in a real estate project and are facing issues, you can file a complaint against the developer.
• Owners’ associations: The owners’ association of a completed project can file a complaint against the developer for issues related to maintenance, common areas, or facilities.
• Third-party service providers: If a third-party service provider, such as a contractor or security agency, engaged by the developer has caused any harm or loss, a complaint can be filed against them.

Any Aggrieved Person: As per Section 31 of RERA, any person who feels they have been negatively impacted by the actions or omissions of any party involved in a RERA-registered project can file a complaint. This broadens the scope of who can seek redressal through RERA.

How to File Complaint in RERA?

• Visit the official website of the RERA authority of your state
• Look for the ‘Complaint Registration’ tab and click on it
• Fill in the complaint form with your personal information, project details, and complaint details
• Attach any relevant documents and submit the form
• Pay the necessary fees for filing the complaint online
• Once the complaint is registered, you will receive a complaint registration number.

Procedure to File a Complaint With TNRERA

• Visit the official website of TNRERA (Tamil Nadu Real Estate Regulatory Authority)
• Click on the ‘Complaint Registration’ tab
• Fill in the required details such as personal, project, and complaint details
• Attach any relevant documents and submit the form
• Pay the necessary fees for filing the complaint online
• Once the complaint is registered, you will receive a complaint registration number.

Obligations of the Promoter 

• Not advertise/market/book/sell Real Estate Project unless it is registered with the Real Estate Regulatory Authority.
• Not give any false information in the prospectus/advertisement/notice regarding the Real Estate Project.
• Hand over the possession of the developed project on the promised date.
• At the time of booking, make available to the allottees the information regarding the sanctioned plans and layouts plans as approved by the competent authority, the stage wise time schedule for the completion of the project, the provisions for civic infrastructure etc.
• Be responsible to obtain the completion and occupancy certificate for the Project.
• Be responsible to provide and maintain the essential services on a reasonable charge till the association of allottees take over the maintenance of the project.
• Be responsible to pay all the outgoing charges from the amount which he has received from the allottees for the above said purpose till he transfers the physical possession to them.
• Be liable to the structural defects and any other defects in the workmanship quality or the provision of services or to the breach of obligation provided under the sale deed registration, if it is brought to the notice of the promoter by the allottee within five years from the handing over of the possession. He has to rectify the defect within thirty days, free of charge.

Obligations of the Buyer

The Promoter shall:

• It is mandatory for a buyer to make timely payments to the real estate developer as per the agreement for sale. He will also have to pay his share of registration charges, municipal taxes, maintenance charges, ground rent, electricity charges, water supply charges and any other services.
• Once the occupancy certificate is issued by the real estate developer, the buyer is required to take possession within two months’ time.
• If the buyer is unable to make timely payments for his purchase, he is required to pay interest at a prescribed rate.
• It is compulsory for a buyer to exhibit active participation in the formation of an association, a cooperative society or any federation of consumers.
• A buyer shall participate towards registration of the conveyance deed of the unit.

How to Check Status for RERA Complaint?

On the official website, real estate buyers who are dissatisfied can file complaints and check the status of those complaints with the RERA Authorities. The project is being constructed on the state RERA website | The complainant must submit all necessary personal information and any supporting documentation in order for the complaint to be registered | After the complaint has been filed and the necessary paperwork has been uploaded, a 60-day period must pass before it may be resolved.

Conditions for Filing RERA Complaint Online

Here are a few conditions on which a complaint for RERA can be given

• False advertising regarding the home or the real estate endeavour
• Delay in taking ownership of the asset
• Defects in the property’s structure
• Improper project registration
• Not supplying the project’s specifics to the customer
• More than 10% of the advance payment is being requested

Statewise RERA Complaint Form

Rera Rules for Maintenance Charges

ERA has prescribed rules and regulations for maintenance charges in real estate projects. As per these rules, developers can only charge maintenance fees for the actual maintenance of the project and cannot include any other charges such as sinking fund, corpus fund, or advance maintenance charges. The developer also needs to provide a detailed account of the maintenance expenses incurred and the money collected from the residents. The RERA authority can take action against developers who violate these rules.

RERA Complaint Against Builder

If you are facing any issues with a builder and want to file a complaint under the Real Estate Regulation and Development Act (RERA), you can follow the below steps:

• Step 1: Visit the official website of RERA in your state and register yourself as a user
• Step 2: Check if the builder is registered with RERA. If the builder is not registered, you can file a complaint with the concerned authority
• Step 3: If the builder is registered with RERA, you can file a complaint against them on the RERA website
• Step 4: Provide all the necessary details and documents related to the project and the complaint
• Step 5: Once the complaint is registered, RERA will issue a notice to the builder and initiate an inquiry
• Step 6: The builder will be given a chance to respond to the complaint within a specified time
• Step 7: RERA will investigate the complaint and take necessary actions based on the finding
• Step 8: You can also approach the RERA authority in person or through an advocate if you need any further assistance.

Filing RERA Complaints Against Unregistered Builder

If you want to file a complaint against an unregistered builder, you can follow the below steps:

• Step 1: Gather all the necessary documents related to your property, such as the agreement, payment receipts, and any correspondence with the builder
• Step 2: Contact the local municipal authority or state regulatory body to inquire if the builder is registered under RERA or any other regulatory body
• Step 3: If the builder is not registered, you can file a complaint against them with the concerned authority, such as the consumer court or the police department, depending on the nature of the complaint
• Step 4: You can also approach a lawyer or a legal expert to assist you with the complaint filing process
• Step 5: In your complaint, mention the details of the property, the builder’s name, and the issues faced by you
• Step 6: Submit all the relevant documents along with the complaint
• Step 7: Once the complaint is filed, the concerned authority will initiate an inquiry and take necessary action against the builder

Filing RERA Complaints Against Agents

If you want to file a complaint against a real estate agent under RERA, you can follow the below steps:

• Step 1: Gather all the necessary documents related to your property transaction, such as the agreement, payment receipts, and any correspondence with the agent
• Step 2: Check if the real estate agent is registered with RERA. You can do this by visiting the official website of RERA in your state
• Step 3: If the agent is registered, you can file a complaint against them on the RERA website. Provide all the necessary details related to the complaint, such as the nature of the issue faced by you, the name of the agent, and the documents related to the transaction
• Step 4: If the agent is not registered, you can file a complaint with the concerned authority, such as the consumer court or the police department, depending on the nature of the complaint
• Step 5: You can also approach our lawyer or a legal expert to assist you with the complaint filing process
• Step 6: Once the complaint is registered, RERA or the concerned authority will initiate an inquiry and take necessary action against the agent.

RERA Complaint Against Tenant

The Real Estate Regulation and Development Act (RERA) does not have provisions for filing a complaint against a tenant. The Act mainly focuses on regulating the real estate sector and protecting the interests of homebuyers and investors. However, if you have a dispute with your tenant related to your property, you can approach the concerned authority for resolution. The procedure may vary depending on the state you reside in. Below are some general steps that you can follow:

• Step 1: Try to resolve the issue amicably with your tenant through negotiation or mediation
• Step 2: If the issue remains unresolved, you can send a legal notice to the tenant stating your grievances and asking for a resolution
• Step 3: If the legal notice does not yield any result, you can file a case in the civil court
• Step 4: In some states, there are specific rent control laws that regulate tenant-landlord disputes. You can check the applicable laws and approach the Rent Control Board or Rent Tribunal for resolution
• Step 5: In case the tenant has caused damage to your property or violated any terms of the rental agreement, you can file a police complaint.

RERA Complaint For Delay In Possession

• Step 1: Visit the official website of RERA in your state and register yourself as a user
• Step 2: Check if the developer or builder is registered with RERA. If they are registered, check if the project is registered and if the completion date has been mentioned in the agreement
• Step 3: If the developer or builder is registered with RERA and the project is registered, you can file a complaint against them on the RERA website
• Step 4: Provide all the necessary details related to the complaint, such as the name of the developer or builder, the name of the project, the date of booking, the expected date of possession, and the reason for delay
• Step 5: Submit all the relevant documents along with the complaint, such as the booking form, payment receipts, and the agreement
• Step 6: Once the complaint is registered, RERA will issue a notice to the developer or builder and initiate an inquiry
• Step 7: The developer or builder will be given a chance to respond to the complaint within a specified time
• Step 8: RERA will investigate the complaint and take necessary actions based on the finding
• Step 9: RERA may also impose penalties on the developer or builder for the delay in possession

RERA Complaint Format Sample

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