Filing a complaint under the Real Estate (Regulation and Development) Act (RERA) is a crucial step for individuals facing issues with real estate promoters, agents, or allottees. This blog outlines the complete process for filing a RERA complaint, from registering online to submitting the necessary documents and attending hearings. It also provides insights into the complaint’s format, processing, and the authority’s decision-making timeline. Whether you’re seeking relief for a specific grievance or clarity on the legal framework, this guide simplifies the RERA complaint filing process for your convenience.
Against whom the Complaint under RERA can be filed? (Regulation 3)
The complaint under RERA can be filed against any promoter, allottee, or real estate agent. Yes you read that right even the complaint can be filed against the allottee.
Who can file the Complaint under RERA? (Regulation 3)
Any person who is aggrieved can file the complaint under RERA, there is an inclusive definition (not exhaustive) for the person who can file the complaint which also includes the association of allottees or voluntary consumer association registered under any law for the time being in force.
What is the procedure in brief for filing the RERA Complaint?
Step 1 – The complainant should register his complaint on the website of the Authority by filing the particulars in brief like project RERA id and some personal information of the complainant like mobile no. and email id among other personal details. It is important to select the project RERA registration number with utmost care and also to carefully fill the mobile no. and mail id as correspondence with the complainant after receipt of the complaint by the Authority shall be made on his mobile no. and mail id. A notice/communication made by the Authority through both these channels shall be deemed to be a proper service of notice to the complainant and Notice/Communication through post will not be necessary when a communication through the RMN and RMID is confirmed.
Step 2 – After filing above information, an acknowledgement in form no. proforma-B will be generated which inter-alia will consist of important information like complaint registration no. and some details of the complainant and the entity / person against whom the complaint is being filed.
Step 3 – After registering Proforma-B on the applicable RERA website, the complaint in details shall be filed before the RERA on paper in quadruplicate and if the respondents are more than one than copies for each of additional respondent. The detailed complaint shall be comprised of seven parts as given below:-
- Index
- Print out of the registration of the complaint on the website of the Authority (Proforma-B).
- List of dates.
- Brief facts.
- Issues to be decided.
- Relief sought.
- Affidavit.
Step 4 – Signed copies of the complaint as above shall be filed with applicable fees which, in general, is Rs. 1000 plus Rs. 10 per Annexure. The fees can either be paid online or through the Demand Draft.
Step 5 – Send the copy of self-signed complaint to respondent directly through email and speed post. Take the delivery proof of sending complaint through speed post and email and prepare a certificate that a self-signed copy of the complaint has been send and delivered to the Respondent.
Step 6 – Physically deliver or speed post the following to the office of the applicable RERA’s Secretary
- Full Sets of the complaints left, after sending the complaint to respondent in Step – 5
- Proof of Payment made in Step – 4
- Certificate as stated in Step – 5
- Soft Copy of the complaint in Word Format or .docx format and Soft Copy of the Annexures in PDF format
Step 7 – All complaints shall be examined by the office of the Secretary to the Authority to ensure that they are legible and in prescribed format and all Annexures cited in the complaint are annexed. Complaints which are not in the prescribed format shall be returned for correction and re-submission in the prescribed format.
Step 8 – After rectifications by the complainant, the Secretary shall cause all the complaints received in the prescribed format to be placed before the authority in its next meeting. Ordinarily all complaints shall be considered by the Authority within 7 days of their receipt.
Is there any specific format of the RERA Complaint? (Regulation 20)
Every complaint, every application, reply, affidavit, annexures to complaints or the reply etc. shall be in the English language and shall be as per following format and guideline:
- Typed in double spacing on one side of a superior quality Legal size paper
- Paper shall be at-least 70 GSM
- Font Thorndale
- Font size 14 in double space
- Page Margins 1.25” on top, 0.75” on bottom, 1.75” on left side and 0.75” on the right side.
- It shall be headed “In The ‘State’ Real Estate Regulatory Authority, ‘Place’”.
- There shall be verbatim copies in case any document is required to be filed in triplicate, after one copy sent to complainant in Step 5.
How the RERA Complaint is processed?
Step 1
RERA shall consider the complaint and upon finding a prima-facie case, may issue a notice to the respondent. The notice to the respondent shall ordinarily be of 21 days. It can be reduced at the discretion of the Authority depending upon the facts and circumstances of the case.
Such Notice to Respondent shall be sent through registered post/courier with a copy of the complaint, by the Secretary. An intimation will also be sent through email and telephone no. of the respondent conveyed by the complainant or the phone no. or the mail Id of the respondent available with the Authority in its database.
An intimation of the notice issued to the respondent as well as of the date of hearing shall be given to the complainant on his registered mobile No./ registered mail.
Step 2
The respondent shall submit four copies of his reply at least 7 days before the date of hearing. The respondent shall also send a copy of his reply to the complainant. The Secretary shall place the complaint along with the reply received from the respondent before the Authority. A full set of complaint and the reply received from the respondent shall be provided to each of the members on the bench at-least one day before the date of hearing.
In his reply the respondent should specifically agree with the assertions made by the complainant as supported by documents or specifically deny the same. In case the same are denied, the reasons and proof thereof must be given and documents in support of the assertions should be annexed.
The reply of the respondent shall be broadly in the same format as prescribed for filing the complaint.
Whether Adjournment can be granted?
Generally there is no adjournment to either of the parties, however, in special cases adjournment can be granted when adequate justification is furnished. If the adjournment is sought without any justification, then the adjournment shall be granted with cost which may be decided by the Authority depending upon facts and circumstances of the case.
Closure of the Proceedings (Orders & Judgement)
Interim Orders passed by RERA upon hearing, will ordinarily be recorded and communicated within two days. The same shall be communicated to both the parties on their mail ids along-with a message on phone.
Final judgements delivered by RERA shall be hosted on the website of the Authority and will become a part of its database accessible to the public. A copy of the judgement downloaded from the website of the Authority, will serve as a certified copy of the judgement for all intents and purposes.
RERA may adopt any procedure it deems appropriate to arrive at a decision with mutual consent of both the parties. The consent so accorded by both the parties shall be furnished as a joint statement in writing by both the parties and the Authority may deliver its judgement based on such consent.
Are you aggrieved or troubled and want to file the complaint against your builder?
If you’re experiencing issues with your builder and wish to file a complaint under RERA, our team at ItsCounsel.com is here to assist you with expert consultancy, drafting, and filing services.
Contact us today at +91-9871023251 or email support@itscounsel.com to discuss your needs and receive professional support.
ItsCounsel, New Delhi, India, Providing expert legal guidance and support for filing RERA complaints, including consultancy, drafting, and filing services
