Property Possession Delay

Rera

" Property Possesion Delay RERA. "

Get your notice file for property possession dealy - RERA.

₹ 999/- (Consultancy Only)

We'll never share your email with anyone else.

2 Lakhs

Happy Customers

300+

Professionals

250+

Partners

₹ 999/- (Consultancy Only)

We'll never share your email with anyone else.

2 Lakhs

Happy Customers

300+

Professionals

250+

Partners

 
 

How it Works?

 
 

Briefing of Facts/Case/Suit

We Ask You to Brief your case facts to prepare for filing.

 

Drafting & Filing Facts/Case/Suit

We make draft of your case and do the filing process.

 

Litigation Process Facts/Case/Suit

We prepare for court trial process to appear before court to present facts.

 
 
 

What is RERA?

 

RERA (Real Estate Regulatory Authority) is an act for the regulation and promotion of the real estate sector to ensure the sale of apartment, plot or building in an efficient and transparent manner. It is a dedicated court for the real estate sector and has a fast case-resolution rate. RERA exists to protect the interests of home-Buyers in India.

If any developer, promoter or builder of the property doesn’t have the approvals or if s/he has defaulted under the Act in any manner, you may file a complaint before the RERA authorities through the most experienced RERA advocates in your locality.

 

Documents Required?

 
  1. Application for buying of property in the Project.
  2. Builder-Buyer Agreement.
  3. Receipts/Proof of payments made to the builder.
  4. Letters/ email correspondences between the Buyer and the Builder.
  5. Brochure of the Project.
  6. Letter of Allotment.
 
 

Procedure for filing of complaint

 

Step 1

DOCUMENT VERIFICATION

You will be required to share scanned copies of documents related to the property for verification by a lawyer.

 

Step 2

COMPLAINT DRAFTING

Within 10 days of receiving your documents, the lawyer will draft and share the complaint copy for your review.

Step 3

FILING OF COMPLAINT

The complaint will be filed in RERA within 3 days of approval of the draft.

   

Step 4

REPLY

The builder will file a reply to your complaint.

       

Step 5

HEARING AND ARGUMENTS

RERA will conduct hearings in the matter. LEGALTAX will update you after every hearing.

 

Step 6

JUDGMENT

RERA will deliver judgment in the matter.

    

Step 7

EXECUTION

In case of non-compliance of judgment by the builder, execution proceedings will be initiated for attachment of builder’s assets.

 

How does the RERA Act impact buyers?

 

Security: Under the RERA Act, at least 70% of the purchaser’s cash will be kept in a different escrow account. A different escrow record will guarantee that the cash gathered for a specific land venture isn’t occupied to different exercises/ventures embraced by the manufacturer/designer. The builders can’t request over 10% of the property’s estimation as a development installment before the deal understanding is agreed upon.

Transparency: Builders should present the first reports for all undertakings they attempt. Builders shouldn’t roll out any improvements to the arrangement/format of the task without the assent of the purchasers.

Fairness:RERA has now trained designers to sell properties dependent on cover zone and not overly developed territory. If the undertaking has been deferred, purchasers are qualified for get back the whole cash that they have contributed or they can likewise decide to contribute and get month to month speculation on their cash.

Quality: for a long time from the date of procurement, a home purchaser can raise any issue before the developer which must be settled by the manufacturer in 30 days from the date of warning of the issue to the developer.

Authorization: A manufacturer can’t promote, sell, assemble, contribute, or book a plot without enlisting with the controller. After enrollment, all the commercials for ventures should bear a one of a kind task shrewd enlistment number gave by RERA.

 
 

Fee Structure

 
Without Execution
  • You are required to pay 60% of the case fee to start the work
  • 40% is payable after getting the final order
With Execution
  • You are required to pay 60% of the case fee to start the work
  • 20% upon getting the final order
  • 20% upon receiving RC (Recovery Certificate)
 
 

FAQ

 

RERA Stands for Real Estate (Regulation and Development) Act, 2016. The word RERA is also used to denote the Real Estate Regulatory Authority. As per the act, every state and union territory in India has to set up a RERA authority. It’s an initiative by the Indian Government in the real estate sector. The Act aims to set up a Real Estate Regulatory Authority (hereafter, ‘RERA’) to ensure speedy justice to home buyers. The Act is designed to ensure timely recovery of money or possession of the property to the buyers, against the builder.

The Real Estate Act 2016 applies to all commercial and residential projects where-
  • • The land is over 500 square meters,
  • • More than eight apartments are to be developed
  • • Ongoing projects which have not received completion certificate on the date of commencement of the RERA Act.
  • • If a real estate developer fails to register a project within three months, the RERA authority
    • -can impose a penalty of 10% of the project cost or
    • -can award a three years' imprisonment Once you register as a promoter, you will receive a login ID, password and a unique registration number.
    • You can update your project details after login into the RERA portal of your state.

RERA or Real estate development act 2016 was the need of the hour. In the absence of a sector-specific law, the Indian real estate sector suffered from corruption and a lack of transparency.

RERA takes care of consumer interests and brings discipline in the real estate sector. RERA has the following broad objectives -

  • • Bring transparency in the real estate sector.
  • • Protect consumer interest by ensuring the time-bound delivery of real estate projects.
  • • Single forum to handle real estate disputes.
  • • Bring standardization in the real estate sector
Ensuring accountability of the builders /developers /Agents /promoters.

RERA is applicable to both residential and commercial projects, including shops, offices, and buildings.

  • • The RERA act applies to ongoing/existing projects. All real estate projects which have not received occupation or completion certificate will come under RERA.
  • • All existing/ongoing projects must register under RERA within three months of implementation of the RERA Act.

Here are a few exceptions where the RERA act does not apply - If the proposed land is less than 500 square meters, the RERA act is not applicable.

If the proposed apartments do not exceed eight, the act is not applicable.

If the project has received a completion certificate before the commencement of the RERA act.

If its repair and renovation work and does not involve marketing and selling of new apartments.

Step 1 – To file a complaint with RERA authority you need to visit your state's official RERA portal. For example, to file a complaint with Haryana RERA you need to visit the portal https://haryanarera.gov.in/ and click on Registration of Complaint with HRERA Authority to start

Step 2 – Once you click on the above link, the online RERA complain form will appear.

Step 3 – You need to submit your name, address, Contact detaiwerls, and project details. Attach supporting documents such as builder-buyer agreement, project advertisement, brochure, etc.

Step 4 – After filling up the form, you need to pay a sum of INR 1000 for filing a complaint before RERA. If you are filling complain before adjudicating officer, the fee would be INR 5000. You can pay the complaint fee online or via check.

The complaint can be filed as soon as there is an apprehension that the builder will not be able to deliver the property within the stipulated time period. In any manner, it is best to file a complaint as soon as the term of the agreement expires.

The process starts with sending a legal notice to the builder. The legal notice act as a final warning to the builder and sets the legal ground to file the RERA complaint. In case the dispute is not resolved after the legal notice, you can file a complaint with RERA. You would need the following documents while filing a RERA complaint
  • • Builder buyer agreement,
  • • Letter of allotment,
  • • Amount paid to the buyer,

Compensation sought and the interest over the amount sought from the builder

Yes, an association of persons (eg. a Welfare Association of Home Buyers) may file a case against the builder. The following are the requirements for filing a complaint as an association:
  • • The association may be registered or unregistered.
  • • All the members of the association must be allottees of the same project.
  • • All the members must seek the same/similar relief.
  • • The association may file a complaint in case of delayed possession, possession offered but without amenities, etc.

You can claim a refund of the amounts paid along with interest and/or damages. In case you do not want to withdraw from the project and do not want a refund, the builder has to pay interest for every month of delay, till the handing over of the possession.

In case RERA gives a decision in favor of the builder, you can file an appeal in the RERA Appellate Tribunal. The appeal is to be filed within 60 days of receipt of the order of RERA.

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