What if you are facing the problem related to possession delay, non-refund for abrupt project suspension if the builder started demanding more money than what was agreed, then RERA (Real-estate Regulation Act) is the ultimate option for you. RERA covers all real-estate related issues, from project registration to possession of the property to the buyer. RERA is the regulatory body formed to resolve the grievances caused to real-estate buyers. If you face any issue regarding the real estate property, you need is to file the RERA Complaint. Here is the step-by-step guide for filing the complaint under RERA.
Step I: Before filing the Compliant the you must know your rights
Check your agreement for the promised handover date and any penalties or remedies for delays, such as compensation or rent reimbursement clauses. Review all communications with the builder to ensure you have evidence of the delay.
Step II: Contact the Builder
Contact your Builder regarding the update of the on-going project if no satisfactory response is received the consider with the filing of the complaint. It is preferable to have written communication with the builder.
Step III: Document Everything
Keep detailed records of all interactions, including emails, letters, and phone calls with the builder, noting dates and details of promises or agreements. This will strengthen your case if you pursue legal action.
Step IV: Consult the Lawyer for filling the Complaint
Discus your case with the lawyer regarding your rights and remedies available for your dispute. The real-estate lawyer would guide you for the appropriate action required depending upon the issues, state in which the property is situated and documents you have in your possession.
Step V: Draft a Complaint
Draft a complaint with the help of lawyer mention your personal details (including Name, Address, Contact Number and Email ID), project details, allotted property details, builder details (including Name, Address, Contact Number and Email ID), all series of event starting from the booking of property, execution of the agreement, the promised date of possession, payment demands, subsequent delay in possession and any other communication happened with the builder. In the complaint mention the required relief either the compensation for delay or the refund against the said property. It is pertinent to mention that in the complaint you need to specifically mention the period of delay in possession. Once the complaint is drafted attach all the collected documents as proof of evidence.
Step VI: Assemble the Documents
Once the complaint is drafted, review the entire documents specifically the prayer clause to ensure your demands (compensation, interest, possession date, costs, etc.) are clearly and correctly mentioned. Carefully assemble the signed complaint along with all the documents. Take a clear scanned copy (PDF) of the complete set for your records and for e-filing.
Step VII: Filing the Complaint Online
Visit the official RERA website of the state where the property is situated. Go to the Complaint or Filling Complaint section, select the appropriate complaint type. Fill the Complainants details (your name, address, contact, etc.) and Respondent details (builder/promoter name, registered office address, RERA registration number). Upload the complete set of documents. Pay the prescribed filing fee online. The fee varies from state to state. Save the acknowledgement receipt for future reference.
Step VIII: Physical Filing of Complaint
In several states, RERA requires both the physical submission of documents along with online filing. After the online filing, visit the state RERA office for submitting the complaint and fee receipt. Once the document and payment receipt are verified by the registry, the complaint is formally accepted and registration no is allocated.
Step IX: Notice to the Respondent/Builder
Post registration of the complaint, the Authority schedule a first date of hearing. Prior to this hearing a formal notice is issued from the authority to the Respondent/Builder, directing them to appear and present their response to the complaint.
Step X: Hearing Before RERA and Presenting Evidence
During the hearing you allottee appeared through your lawyer, present your case before the Authority, while the Respondent present their defence. Both parties submit their evidence, submissions on their respective grounds, and address any queries raised by the Authority during the proceedings. The goal of your lawyer is to demonstrate that the delay is unjustifiable and that you the allottee has suffered financial loss and mental hardship due to the Respondent/builder’s failure.
Step XI: RERA ORDER
Upon hearing both the parties and considering the evidence on record, the Authority proceed to pass an order. If the Authority is satisfied with submission of the allottee and his lawyer that there is default on the part of Respondent/Builder, it may pass the direction in favour of the allottee against the Respondent, based on the relief sought in the complaint. Depending on the prayer, the Authority may order refund of the deposited amount with interest, grant compensation for delayed possession, or direct the Respondent/builder to hand over possession within a specified time period.
Conclusion
Delay in possession can place you under significant financial and mental strains, but RERA provides a clear, time and cost-efficient remedy to address your issues. By following the above-mentioned structure approach, you can secure timely and enforceable relief. With proper legal guidance and a well prepared case you can confidently navigate the RERA process and ensure your rights fully protected.
