Re­dress­ing griev­ances post RERA

Hindustan Times (Chandigarh) - Estates - - ESTATES - SU­NIL TYAGI The author is Se­nior Part­ner, ZEUS Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­iza­tion is real es­tate ad­vi­sory and lit­i­ga­tion prac­tice. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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.

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