When and How to File a Complaint Under RERA

Protecting Homebuyers' Interests

After the implementation of the Real Estate (Regulation and Development) Act (RERA), homebuyers are hopeful that the new law will protect their interests. However, a key question is whether people are aware of how to file a complaint or case under the new RERA rules.

Filing Complaints Under RERA

Digbijoy Mukh, Policy Head at RICS, explains, “Complaints can be filed under Section 31 of the Real Estate (Regulation and Development) Act with the Real Estate Regulatory Authority or the Adjudicating Officer. Such complaints can be against promoters, allottees, and/or real estate agents. Most state government rules provide the procedures and forms in which such applications can be made. For example, in Chandigarh UT or Uttar Pradesh, these forms are labeled as 'Form M' or 'Form N' (common with other states and Union Territories).”

A complaint under RERA must be in the form prescribed by the respective state rules. A complaint can be filed regarding a project under RERA within the specified time limit for any violation or breach of the Act’s provisions or the rules or regulations framed under RERA.

Filing a Case Under RERA

Amit Haryani, Managing Partner at Haryani & Co, points out, “As far as Maharashtra is concerned, rules regarding filing complaints with the RERA authority have been notified. Any interested person in the project can file an application with the RERA authority. The application can also be filed online according to the available format. The complainant needs to provide:

Details of the applicant and respondent.

Registration number and address of the project.

A brief statement of facts and the basis of the claim.

Relief sought and interim relief, if any.

To initiate actions before the Adjudicating Officer for compensation under RERA, the complainant must file a similar application. This application must be in the prescribed format, and the details in the application must conform to the RERA authority, Haryani adds.

Pending Cases Under NCDRC

Experts point out that real estate cases under the National Consumer Disputes Redressal Commission (NCDRC) may take a long time to reach a final decision due to the large backlog of cases. Therefore, the Real Estate Act may prove beneficial for quick resolution and obtaining compensation under Sections 12, 14, 18, and 19 of RERA.

“Complainants with pending cases before NCDRC or other consumer forums can withdraw the case and approach the authority under RERA. Other complaints (except those under Sections 12, 14, 18, and 19) can be filed before the RERA authority,” explains Ajay Monga, Partner at SNG & Partners law firm.

Time Limit for Filing a Complaint Under RERA

RERA does not specify a time limit for filing a complaint. However, a complainant should not be complacent. Haryani explains, “Complainants under RERA should adhere to the limitation periods suggested in the Limitation Act, 1963, for initiating actions. These periods vary based on specific claims under the Act. Additionally, for urgent interim relief, it is advisable to approach the RERA authority promptly after the cause of action arises.”

Benefits of Filing a Case Under RERA

Opportunities for quick resolution of complaints.

Financial discipline is required from promoters.

Transparency.

Clarity on area measurements.

Promoters are accountable for compensation due to delayed possession.

Judgments must be in the correct location.

Filing a complaint under RERA can ensure quicker resolutions