Property

Possession Delay-Rera

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Overview

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. Under the Real Estate Law in India, one of the most common grievance of homebuyers is delayed possession of flats or allotment by the developer or promoter. There are numerous complaints and cases which have been lodged across several judicial and quasi-judicial authorities in India with respect to delay possession of flats to homebuyers. To tackle this and provide relief to the homebuyer the RERA Act provides for Filing of Complaint with the Authority or the Adjudicating Officer under Section 31.

Section 31. (1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made there under against any promoter allottee or real estate agent, as the case may be.

As per the Real Estate (Regulation and Development) Act (RERA), complaints can be filed against developers, builder, and agents with the regulatory authority or the adjudicating officer. Note: All complaints filed under RERA must be in the form prescribed under RERA norms.

Every State have different complaint format. For example, complaint in the State of Maharashtra, the aggrieved person can visit the MahaRERA website and register the prescribed format. case of complaint in the State of Karnataka 'Form N' has to be fill up which is provided at their website.

Sample File of Rera Complaint

sample_property-posession-delay-form

Steps involved in a RERA complaint

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

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

  3. FILING OF COMPLAINT:The complaint will be filed in RERA within 3 days of approval of the draft.

  4. REPLY: The builder will file a reply to your complaint.

  5. HEARING AND ARGUMENTS: RERA will conduct hearings in the matter. Legaltax will update you after every hearing.

  6. JUDGMENT: RERA will deliver judgment in the matter.

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

REQUIRED DOCUMENTS

  • Application for buying of property in the Project

  • Builder-Buyer Agreement

  • Receipts/Proof of payments made to the builder

  • Letters/ email correspondences between the Buyer and the Builder

  • Brochure of the Project

  • Letter of Allotment

WHAT ARE THE ASSURANCE GIVEN BY LEGALTAX?

Verified Lawyers: All the lawyers are thoroughly vetted with valid Bar Council ID

Fixed Quotes: No price-hassles later

Dedicated Case Manager: A personally-assigned Case Manager for timely updates of your case proceedings

100% Confidentiality: Your personal details are kept absolutely confidential

PAYMENT 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's

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.

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.

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.

No, RERA is not applicable to rental projects. It only covers the purchase and sale of real estate projects.

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.

File RERA complaints: Step-by-Step guide

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 details, 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.

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.

Will RERA increase property prices?

The act will surely have an upward impact on the prices for residential properties, but not in the short-term.

With so much inventory lying withing existing projects, a market correction will take 3-4 years. Here are some impacts or RERA which we will see in the next five years.

  • Small players will be wiped out.
  • Market will consolidate
  • The RERA Act makes it mandatory to sell on the carpet area. The Indian real estate market has been transacting on the super-built-up area, which is 25-30 percent higher. The per square fit rate adjustments will happen in the coming years.
  • Once the current inventory is sold, there will be limited supply.
  • The builders will have pressure to complete in time, the focus will shift to completing the projects from launching a new one.
  • The burden of Structural Defects shifted on developers, they will add this cost to project prices.

Place Address Phone Email
RERA Office in Mumbai Maharashtra Real Estate Regulatory Authority 3rd Floor, A-Wing, Slum Rehabilitation Authority, Administrative Building, Anant Kanekar Marg, Bandra (E), Mumbai 400051 Phone No. 022 68111600 022 68111600 helpdesk@maharera.ma haonline.gov.in
RERA office in Bangalore Real Estate Regulatory Authority Karnataka 2nd floor, Silver Jubli Block, Unity Building, CSI Compound 3rd Cross, Misson Road Bengaluru, Karnataka 560027 080 - 22249798,22249799 nfo.rera@karnataka.gov .in
RERA office in Pune Maharashtra Real Estate Regulatory Authority 109 to 113, First Floor, Sayajirao Gaikwad Udyog Bhavan, Aundh, Pune -411 007 020 29806545 helpdesk@maharera.ma haonline.gov.in
RERA office in Nagpur Maharashtra Real Estate Regulatory Authority Administrative Building No.1, 1st Floor, Adjacent to Udyog Bhavan, Civil Line, Nagpur – 440001. Tel. No. : 0712 2551400 0712 2551400 helpdesk@maharera.ma haonline.gov.in
RERA office in Nagpur Deputy Secretary U.P. Real Estate Regulatory Authority Phone No (Gr. Noida office) - 0120-2326104 0120-2326104 contactuprera@up-rera.in
Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

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