RERA protects the consumer rights of home buyers. A buyer can file a complaint against a builder, promoter, or real estate agent in case of any fraud done to him. A complainant needs to provide various details like the name of the promoter, the value of the flat, amount paid till date, possession date, the relief sought and pending court case, etc.
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How To Do A Mortgage Deed Complaint
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Mortgage Deed Complaint - An Overview
Real Estate explains the built environment that companies and society can’t work without. The Real Estate sector’s residential and commercial subdivisions are protected by the Real Estate Act (Regulation & Development), 2016. The aim of RERA Act is to protect the rights and interests of the consumers and to promote uniformity and standardization of business practices and transactions in the Real Estate sector. It also attempts to balance the interest of buyers and promoters by imposing certain duties on both of them and seeks to establish symmetry of information between buyer and promoter.
A RERA complaint can be filed by any home buyer against the builder, developer or agent if the buyer’s rights are violated or any provisions of the Act are contravened.
Real Estate Regulatory Authority
Why file a RERA complaint? Benefits
- The buyers need not undergo a lengthy judicial proceeding before the consumer forum for raising a complaint against builder.
- The adjudication process is in place for dealing with the RERA complaint against builders.
- Transparency in dealing with RERA complaints and the RERA complaint status is provided in the dedicated website for each state.
- RERA complaints against Builders ensures compensation by Promoters for delayed possession.
- RERA complaints have speedy and expeditious disposal.
When can a RERA complaint be filed?
Obligations of the Promoter
- Not advertise/market/book/sell Real Estate Project unless it is registered with the Real Estate Regulatory Authority.
- Not give any false information in the prospectus/advertisement/notice regarding the Real Estate Project.
- Hand over the possession of the developed project on the promised date.
- At the time of booking, make available to the allottees the information regarding the sanctioned plans and layouts plans as approved by the competent authority, the stage wise time schedule for the completion of the project, the provisions for civic infrastructure etc.
- Be responsible to obtain the completion and occupancy certificate for the Project.
- Be responsible to provide and maintain the essential services on a reasonable charge till the association of allottees take over the maintenance of the project.
- Be responsible to pay all the outgoing charges from the amount which he has received from the allottees for the above said purpose till he transfers the physical possession to them.
- Be liable to the structural defects and any other defects in the workmanship quality or the provision of services or to the breach of obligation provided under the agreement of sale, if it is brought to the notice of the promoter by the allottee within five years from the handing over of the possession. He has to rectify the defect within thirty days, free of charge.
Obligations of the Buyer
The Promoter shall:
- It is mandatory for a buyer to make timely payments to the real estate developer as per the agreement for sale. He will also have to pay his share of registration charges, municipal taxes, maintenance charges, ground rent, electricity charges, water supply charges and any other services.
- Once the occupancy certificate is issued by the real estate developer, the buyer is required to take possession within two months’ time.
- If the buyer is unable to make timely payments for his purchase, he is required to pay interest at a prescribed rate.
- It is compulsory for a buyer to exhibit active participation in the formation of an association, a cooperative society or any federation of consumers.
- A buyer shall participate towards registration of the conveyance deed of the unit.
Relief to Home buyers
Generally, two kinds of relief are granted to the Home Buyers when a RERA complaint is filed, viz.
- Compensation for the loss suffered by the home buyers
- Return of the entire investment to the home buyers
Apart from this, the promoter is also punished with financial penalties and even imprisonment in certain cases.
How to file a RERA complaint with the Authority?
Documents required for filing a complaint
The complaint before the Real Estate Regulatory must be made with the following details and documents:
- Name of the complainant with complete address, email id and phone number
- Name of the builder/promoter
- Facts to be disclosed in brief
- Documents as proof such as the agreements entered/mail transactions/letters exchanged/ Legal Notices sent
- Payment of INR 1,000 as a fee in all states except Maharashtra and Goa where it is INR 5,000
Timeline for resolving a complaint
The general timeline for resolving a RERA complaint is 60 days as per the Act. However, in special circumstances, the adjudicating officer can record the reason for adjournment and extend the time.
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