RERA: Functioning of Grievance Redressal
RERA Redressal Mechanism – Other than problems relating to the possession, the buyers in real estate have to face a number of annoying issues from their builders and real estate agents. They might face problems of low ventilation, delayed possession, a charge of the high maintenance cost, low-quality construction, un-settled claims in property, non-handling of cost plan to the buyer for total spending in property, etc.
The Real Estate Regulation and Development Act (“RERA”), 2016 has been enacted to provide the one-stop solution for all home buyers to report the unethical behavior and for filing the complaint against their property builders. RERA is a supreme authority, which seeks to protect the rights of home buyers by providing them a redressal mechanism against intermediaries in property transactions.
Depending on the severity of the case, a complaint by any person or voluntarily formed consumer organization can be filed under Section 31 of the RERA.
Mechanism of Redressal under RERA
- To file a complaint under RERA, it is important to know the jurisdiction to which the complaint belongs to and the right authority to seek redressal under RERA. A complaint can be filed in any state to the Tribunal, any RERA Adjudicating officer appointed or to any other RERA Authority.
- Each state prescribes for an offline or online utility to buyers for submission of complaints under RERA.
- Each complaint should be inclusive of all details of the transaction and the parties involved. The forms as prescribed for complaints shall require details of Name of the builder, Name of the buyer, property details, commitment details, total sums paid, additional fees paid, possession details and the description of grievance.
- Once the complaint is submitted, the authority issues a reference number to the applicant for tracking the proceedings in the case.
- On-call, the complainant will be required to submit all copies of the documents asked and the same is to be produced to the builder or the party involved in the grievance.
- The builders or the party involved are asked to file a response in return for the complaint raised.
- A final order is taken by the respective authority which calls for action to be undertaken by the builder or to the person involved in the grievance. For not respecting, the final order the person involved shall be charged with either a monetary penalty or even imprisonment as indicated in the RERA.
Benefits of Complaining under RERA
- Builders and other intermediaries under RERA are obliged to fulfill the requirements and promises made in respective contracts. For non-fulfillment, they can even lose their license or eligibility to transact in such property deals.
- For speedier redressal under RERA, all decisions are taken in a Fastrack mode and a prompt solution is provided to the aggrieved party.
- Getting redressal under RERA is more transparent, convenient and helpful in alarming other buyers transacting with the same builder or estate agent.
- Dedicated to only real estate deals, RERA is able to provide better solutions in dimensions of property grievances.
Before reaching out to RERA authorities, it essential for the person in grief to serve a notice of grievance to the builder or estate agent involved in the transaction. In case, no response received, the person can go for filing a complaint against him under the RERA provisions.
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