By Dr Sanjay Chaturvedi, LLB, PhD
RERA – The Real Estate Regulatory and Development Act 2016 came into force on the 1st of May 2017. With the aim to regulate the sector and bring clarity in the real estate market and the act is a key reform measure in the vast real estate sector. The Act mainly enacted to protect real estate buyers and enhance transparency.
The first question before you plan a complaint with RERA authorities in India is weather it is registered with the state authorities or not. The question is which are the projects needs to qualify for registration.
- In accordance with the Section 3(1) the RERA Act aims at demanding the promoters to register each of their real estate projects be it commercial or residential with the RERA authority and thus barring the developers from advertising or offering for sale or inviting any such proposal for sale of any project before such registration. With an exception that such builder shouldn’t have received the completion certificate of the project so advertised. If you think and have proof that your builder have advertised in Print, Digital, Social Media, Hoardings, out door media, calls, messages, email or any thing which you can prove on paper.
Mind you, if the project is falling between Commencement Certificate and Occupation Certificate (OC) by whatever name called on 1st May 2017 then the project must be registered with State RERA concerned. By no means, the date was extended and it is statutory obligation of the builder to register the project. - Section4 (2)(c-f) has provisions for the promoters to provide all necessary and important information relating to the project- sanctioned plan, allotment letter, and the appropriate specifications of the proposed project along with the authenticated approvals and the commencement certificate thus imparting important information of the project to the consumers. Make sure you see that Plan he has uploaded matches with the plan you got in your agreement for sale. If there are deviations then you qualify for complain. Also, builder has to take NOC from 2/3rd buyers at whatever stage the project is.
- With respect to the consumers interest the builder as mentioned in Section4 also has to provide the carpet area for each unit, the verandah or balconies if any, the garages or parking as to be provided to the consumers promoting transparency for the consumers and to gain access to all necessary information before investing their capital in the project. The carpet area must be as per the definition of RERA Act. It says inner surface of the wall to inner surface of the wall and space below internal wall. It varies from state to state as to the definition includes inner column. The Architect certificate uploaded must be seen.
- The provisions as mentioned in Section11 (4) holds the promoter responsible for the obligations, and all the promises made to the allottees and thus assuring the consumers against unfair trade practices of the builders. Keep all the statement made by the builder to you either in written, expression and oral.
- The Act in section 11 provides for the builders being responsible for the repair work of all the structural defects or any such defect that may arise in a period of 5 years from the date of conveyance of all flats in the particular project. Many developers have put conditions in agreement for sale that if without written permission you are not allowed to do any repair. Also a usual wear and tear conditions are imposed. But nothing will stand against this provisions. Builder has to obey the section and give repair to default in workmanship and for every successive occupant within five years.
- Section 14(2)(i) of the Act prohibits the developers from making any alterations or modifications in the approved plans , fixtures, fittings or amenities of a proposed project without the mutual consent of the allottees, so as to safeguard the interest of the consumers unfamiliar to such alteration. It requires 2/3rd member NOC to do so.
- The aim of the act is to ensure that the allottees are provided with their respective units according to the stipulated time as provided by the developer at the time of the registration, failure of which penalizes the promoter under Section 18 to compensate such allottee for the delay in possession of such property. Almost every developer took the liberty to raise possession date by four to five years. But if ou have entered into agreement and the date is given then you can always go to court for recourse irrespective of date filled by builder at the time of Registration.
- Section 19 (4) entitles the consumer to claim refund of the amount of the property along with the interest from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act, thus securing the capital funds of the allottees who invested in the project.
- The Act provides for establishment of an authority to be known as Real Estate Regulatory Authority under Section 20 for the effective functioning of the provisions of the act and also securing the interests of the buyers against the ill fitted plans and intentions of the project builders. The authority is having cosi judicial powers to make any arrangement to complete the project and charge penalties.
- The provisions in S.29 empowers the aggrieved allottees to file a complaint against a developer to the authority, thus enabling the authority to deal with such a subject of protection of a consumer expeditiously and ensuring the disposal of such complaints within sixty days from the date of filing of the complaint with the appropriate authority. In Maharashtra, its online with a fees of Rs5000/- and in other states, the fees varies and sometime off line.
- The Authority under the act has been vested with the functions of promoting consumer protection under Section 43 which enables the appropriate Government for the formation of a Real Estate Appellate Tribunal for the quick redressal of grievances of the consumers, which also provides of the disposal of cases within sixty days of such filing.
- Section 59 & Section 60 of the Act provides for the penalty of the developers for contravening the provisions of the act, thus keeping in mind to create a consumer friendly real estate sector.
- Section 59- Penalizes the promoter to pay up to 10% of the project cost for non-registration their project with the RERA Authority.
- Section 60 – proscribes that the developer pays 5% for violating the provisions of the act and providing false information to the consumers.
In fact, the preamble of RERA says that the Act is enacted to established RERA Authority in every state and to enhance transparency in real estate transactions and development process.
http://accommodationtimes.com/how-to-complain-against-builder-under-rera/
Consumer Resources 
Done Initial booking at OMKAR SIGNET building at Malad east W.E. Highway…Given 5% Booking amount during their mega launch in may 2017…omkar sales people done booking without checking eligibility of my Housing loan…Today iam jobless. Lost job in June & my housing loan requirement was 1.10 cr …..May i got eligibility along with my wife was 88.50 lacs. …Loan eligibility issue is happening ….so decided to go for a cancellatiin…Builder Sales & account team not giving clarity & how to get my refund of 550000 Rs ….As per my best knowledge ….there is no any agreement i have signed….Initial booking receipt is there with me got after 3 month….Neec suggestion & guidance how to get my Hard money …since iam jobless right now. Thanks Manohar mishra ..8850195671 / 9322905390
I have booked a flat in 2013. Agreement done in 2014. Still is not improvement. 100% payment done. There is some issues in OC and CC. Builder is not responding. Road, water and lift issues still pending. I am in trouble. Kindly suggest.
Want to know whether Signature arcade( area- Mancheswar, Bhubaneswar) of mega builder RERA registered or not. If not is it safe to buy flats in this projects.
Hello,
I have a commercial Shop which went under redevelopment 3.5 years back. Builder promised me 905 sq.ft carpet area but when initial measurement was taken of the new developed shop, it measured 873 sq.ft carpet. Builder is considering the area of pillars as part of carpet area and thus he totals complete area to 900.88 sq.ft. Also he illegally tried to take my signature on blank possession letter which is already notarized by his lawyer. When we revoked on this, he has stopped monthly rent which I am entitled to receive as per law until the possession is given to me by the developed.
Please provide me some inputs on how to deal with this builder on the issues mentioned. Should I file a consumer case against him, should I file a complaint against him in RERA?
Respected sir,
I purchased a flat as 3rd party from 2nd party in a 16 stories building.
The developer is 60%and promoter is 40%.
The date of possession was 25 December 2015 and I purchased it on April 2015.
I have made full payment and not possession up to now.
I wants to come out from project.
1.How can I complaint against builder under rera?
2.Is developer refund?
3.Can we proceed thorough rera?
4.Can we send notice to all concerning parties or builder ony?
5.Neither I purchased from promoter nor developer?
Sir/Ma’am Greetings,
I am coming direct on my pain area, wave estate Mohali Punjab is making fool of their customers, from last four years they are doing construction but unable to deliver the flats, I am struggling for survival since the beginning of this year because:
1. Bank start charging interest(17100) to me on amount(24,00,000) which they released to builder since this February.
2. As flat is not delivered, so I m still leaving in rented house which costs me (18500), my monthly earning is 50000(will share you last six months salary slip if required)
Rent:18500
Interest:17100
School fee: 5900
It comes to 41500, no need to mention here the rest very basic expenses of any India family. Just want to conclude my pain if you understand it, suicide is not only the way to express your pain and others too also easy to understand the pain, it’s more difficult and painful to see your family badly/poorly struggling with you on daily basis.
Please would request start acknowledging people like us too, believe me many like us don’t have money to go by books although we wish too.
Property Details
Wave Estate
Sector-99
Mohali, Punjab
Unit Number 45/2 on the name of Honey/Rishi Chopra
Hoping
Regards
Rishi Chopra
9781704032
my contect num.9769472473
call pls. dinesh jain
मेने शॉप बुक की है बिल्डर पजेशन नही दे रहा है 3 वर्ष हो गए है।
फूल पेमेंट किया है शॉप का नो लोन ।
रजिस्ट्रेशन भी हो चुका है।
जब मैने शॉप बुक की थी तब बिल्डर ने कहा था कि 1साल के अंदर आप को आपकी शॉप मिल जाएगी ।
अब में क्या करूँ कुछ समझ नही रहा।
जब भी बिल्डर से मुलाकात होती है वो 3,4 महीने में मिल जाएगा यही आश्वाशन दे देता है।
Indiabulls has pitched me Arihant City Bhiwandi Project in Oct-2014, Excel which was shared having an amount of 45 approx, including Mainataince an all that.
Because of Rate negotation deal locked late and letters were sign on 12th dec 2014 , When i was going to out of india that day, Arihant city people came and took the sign on papers and PDC Check, Deal got finalized.
Now i can see it is more as GST and Taxes are including in it.I know while signing i have not checked papers properly, its a mistake from side.
1. I was clearly mention and told that your flat is garden facing , after booking I have visited 5 times on site and I was always shown flat which is garden facing and also infornt of you , employee of Arihant city name Rahul also confirmed that it was told to me my flat is Garden facing and also he has shown me garden facing flat but when I visted on Sunday, I was surprise in actual my flat is back aside and flat 308 is garden facing. How It can be done, really shocking & Blunder, I have seen/read this type of things happening in news or newspapper but never thought will happen with me by such a reputative builder.
It takes whole life to built a house in mumbai but never thought this will happen.
It was communicated to me at the time of Purchase that Project will be completed by Nov 2016 and now 2019 Nov is going to me, when ever I approched revised dates are provided. This project I decided to take by only having an Impression that I should not have pay Rent and will give as Home EMI but things never worked in that way, I am paying 15000 rupees per month from last 3 years, thinking every year, this year I will get my home but till now same sitution.
Now coming to part of Reciept and Registry – What every amount I paid , I have never received Reciepts , after asking so many times , it was not provided, at the time of registry when I raised amount mention is not correct, that time I came to know apart from 45 Lacs , GST and Taxes are included.
Registry – I paid amount for Registry last year Nov 2017 and after asking so mant times , Registry was done in nov 2018, it took 1 year to do registry , always new excuse was provided.
I am looking for compensatation for this, I am not willig to pay more than 45 lacs, I know that I have signed the paper but it singed on date on which I was leaving out of india, my flight was in night and in evening 5:30, two members , came to my home, which was lock, so signed on my friends office.
Please help