The Real Estate (Regulation and Development) Act, 2016, was enacted to help homebuyers in protection of their rights and interests from the malpractices of the builders. RERA indicates specific standards for building and advancement of land which will upgrade the transparency in exchanges in the real estate sector.
It has given a few rights to the home purchasers and has likewise determined specific principles and guidelines to be maintained by all builders or developers.
Additionally, the RERA Act likewise determines the production of a Real Estate Authority and Appellate Tribunal for each state. In the event of any malpractice by the builder or developer – the home purchaser can likewise record a complaint to this RERA Rajasthan Authority.
As per the RERA Act, RERA Authorities are set up all around the nation to regulate the real estate sector and eradicate any discrepancies within the real estate sector. RERA Rajasthan is one such Authority under the RERA Act which aims to protect the rights, interests of homebuyers and builders alike, bring more transparency and accountability in the real estate sector simultaneously clearing all the problems faced by consumers regarding real estate projects in Rajasthan.
Rajasthan RERA has launched its online portal whereby homebuyers can file complaints.
Any aggrieved person may file a complaint with Rajasthan RERA or the Adjudicating Officer, as the case may be, with respect to any registered real estate project, for any violation or contravention of the provisions of the Act or the rules and regulations made there under. The Authority has established an adjudicating mechanism for speedy redressal of such complaints.
Any person aggrieved by any direction or decision or order made by Rajasthan RERA or by an Adjudicating Officer may file an appeal before the Appellate Tribunal.
Any person aggrieved by any decision or order of the Appellate Tribunal, may file an appeal to the High Court of Rajasthan.
How to file a complaint to an Adjudicating Officer?
Grievances regarding claiming of interest and compensation are mentioned in the Act under
Section 12: Obligations of promoter regarding veracity of the advertisement or prospectus
Section 14: Adherence to sanctioned plans and project specifications by the promoter
Section 18:Return of amount and compensation and
Section 19: Rights and duties of allottees.
The complainant has to fill a form and pay fees of Rs. 1000/- The RERA adjudicating officer must dispose of the complaint within 60 days of filing of complaint. In case the complaint is not disposed of within 60 days of filing, the adjudicating officer has to give his reasons in writing.
How to file a complaint to Rajasthan RERA Authority?
One of the key responsibilities of the RERA Authority is complaint redressal. According to Section 31(1) of the Act, “Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder, against any promoter, allottee or real estate agent, as the case may be.”
Any complaint which cannot be filed before the Adjudicating Officer can be filed before the Authority and the Authority after proceeding in the prescribed manner dispose off the complaint within 60 days. In case, the complaint is not disposed of within the prescribed time period, the officer shall record his reasons.
How to file a complaint to RERA Rajasthan Appellate Tribunal?
Section 44(2) of the Act states that appeals should be made to the Appellate Tribunal in not less than 60 days after receiving the copy of order from the Adjudicating officer or the Authority, as the case may be. The Tribunal shall dispose of the appeal within 60 days of filing of appeal. If the Tribunal is unable to dispose of the appeal within the prescribed period, it shall record its reasons in writing.
Process of filing complaint on Rajasthan RERA Portal
The process of filing complaints in RERA Rajasthan has been made easier by the government through their official website. Complainants can visit the web portal and file a complaint by giving proper details about the complainant and the respondent. They shall also mention the registration number and address of the project. The grounds for complaint in concise shall be stated with relief claimed under RERA Rajasthan and attach all the supporting documents to their complaint. Given below is the step by step process for filing a complaint in RERA Rajasthan web portal:
Step 4: Select the option of filing a complaint before the Adjudicating officer or the Authority.
Step 5 : Fill the complaint form giving details about the complaint and stating if the project is registered under RERA or not.
Step 6 : Details of the complainant have to be mentioned
Step 7 : Details of respondent and the relief claimed under RERA
Step 8 : Attach any supporting documents
Step 9 : Make an online payment or bank draft for payment of Rs. 1000/-
Step 10: Declare and verify consent and press submit. Keep the complaint reference number.
How to check status of complaint filed under RERA Rajasthan?
Once the complaint has been registered, the complainant can check the status of the complaint on the website. On the Rajasthan RERA website, click on the ‘Complaint Status’ link and see the status of the complaint.
Benefits of filing a complaint under RERA Rajasthan
The landmark judgement of the Supreme Court passed on November 2, 2020 stated that the homebuyers have an option to file a complaint either in RERA Authority or Consumer Forum even when the complainant has legal remedies available to them under the RERA Act, 2016.
The Apex Court stated that, “On the strength of the law so declared, Section 79 of the RERA does not in any way bar the (consumer) commission or forum, under the provisions of the CP (Consumer Protection) Act to entertain any complaint,”.
There are different benefits of filing a complaint in RERA:
Transparency and accountability in real estate sector
Promoters are liable for delayed delivery and mis-selling
Speedy disposal of complaints
Financial discipline by promoters
Protects the rights of buyers and builders alike.
The real estate sector has grown in past years however has to a great extent been unregulated for customer protection. However consumer protection laws are accessible, the response accessible in that is just remedial, yet all at once not preventive. Rajasthan RERA has tried to make the process of filing complaints and redressal mechanism as effective and speedy as possible for the common man.
CS Urvashi Jain is an associate member of the Institute of Company Secretaries of India. Her expertise, inter-alia, is in regulatory approvals, licenses, registrations for any organization set up in India. She posse’s good exposure to compliance management system, legal due diligence, drafting and vetting of various legal agreements. She has good command in drafting manuals, blogs, guides, interpretations and providing opinions on the different core areas of companies act, intellectual properties and taxation.
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