Redressing grievances post RERA
The objective of the Real Estate (Regulation and Development) Act ,2016(“RE RA ”) is to regulate, standardize and to provide transparency in the real estate sector. Various redressals options are available with the buyers under RERA for the grievances and RERA violations in the project. R ERA provides for establishment of Real Estate Regulatory Authority and further appointment of adjudicating officer by the Authority, for the purpose of grievance redressal.
Any aggrieved buyer can file complaints to the State RERA Authority/Adjudicating Officer for any violation or contravention of the provisions of R ERA or the State rules and regulations made thereunder against any developer or real estate agent.
·In case the buyer sustains any loss or damage due to false statement or information in the advertisement/ brochure by the developer and wishes to withdraw from the project, the buyer is entitled to receive his entire investmental ong with the interest and compensation as maybe decided by the designated Adjudicating Officer.
· In case the developer makes any alterations, addition in the sanction plans, layout plans, specifications and amenities in the apartment, building, common areas within the project without previous consent of the buyer (in case of apartment) and two- third buyers (in case of building or common areas within the project ), then buyer has right to approach the Adjudicating Officer to hold an inquiry and adjudicate compensation.
· If from taking the possession of the apartment, any structural defects are brought to the notice of the developer, within 5 years, such defect shall be rectified by the developer within 30 days without further charge and in the event of failure of developer to rectify such defect, the buyer can approach Adjudicating Officer for claiming compensation.
·If a developer fails to complete or give possession as per the terms of the agreement for sale or due to discontinuance of his business on account of suspension or revocation of the registration under R ERA or for any other reason, the buyer has the right to withdraw from the project and receive back his investment along with interest including compensation as decided by Adjudicating Officer. In case the buyer does not withdraw, he is entitled to receive interest as may be prescribed in state RERA Rules, for every month of delay till handing over of the possession.
·The buyer may also approach Adjudicating Officer for claiming compensation in case of any loss suffered due to defective title of land of the project or if the developer fails to discharge any other obligations under RERA or agreement for sale.
· The buyer is entitled to know stage-wise time schedule of completion of project and obtain information and documents relating to the project, take physical possession of the apartment within a period of two months of the Occupancy Certificate issued and get the conveyance deed registered within three months of issuance of Occupancy Certificate (in case of absence of any local laws). In case the developer fails to comply with the same the buyer can seek remedy, by writing an application to the Adjudicating Officer to hold an enquiry in the prescribed manner and adjudicate compensation. All the applications made to the Adjudicating Officer is required to be disposed of within a period of 60 days from the date of receipt of the application. Many state governments have laid out the procedures for filing applications under RE RA. A complaint is to be filed in the form prescribed as per the respective state government’s rules and by paying the prescribed fee. The Authority is to decide the question/ issues raised within a period of 60 days from the date of receipt of the application. The Authority has the power to restrain any developer or real estate agent from carrying on such act until the conclusion of such inquiry or until further orders, issued by the Authority, where the Authority deems it necessary. It also has powers to impose penalty or interest, in regard to any contravention of obligations of the developers in compliance to the RERA or State rules and regulations. The Buyer may prefer an appeal to the Appellate Tribunal if aggrieved by any direction or order of the Authority/Adjudicating Officer. On receipt of appeal the Appellate Tribunal may pass such orders, including interim relief as it deems fit. Appeal shall be filed within a period of 60 days from the date of order or decision of Authority or by an Adjudicating Officer and is required to be decided within a period of 60 days from the date of receipt of appeal.