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Can home buyers file a complaint against a builder under the RERA Act?

Curious about RERA Act

Can home buyers file a complaint against a builder under the RERA Act?

Yes, home buyers can file a complaint against a builder under the provisions of the Real Estate (Regulation and Development) Act (RERA). The Act provides a mechanism for home buyers to seek redressal of their grievances and resolve disputes with builders or developers. Here is an overview of the process for filing a complaint under RERA:

1. Identify the Appropriate Authority: The complaint should be filed with the respective state's Real Estate Regulatory Authority (RERA). Each state has its own RERA authority responsible for overseeing the implementation of the Act and addressing complaints related to real estate projects within that state.

2. Prepare the Complaint: The complainant (home buyer) needs to prepare a detailed complaint explaining the issues, grievances, and violations of the builder or developer. The complaint should include relevant facts, supporting documents, and evidence to substantiate the claims.

3. Submit the Complaint: The complaint should be submitted to the RERA authority in the prescribed format along with the required supporting documents. The complainant may need to pay a nominal fee as specified by the respective state's RERA rules.

4. Complaint Evaluation and Resolution: Upon receiving the complaint, the RERA authority will evaluate the merits of the case and may conduct further investigations if necessary. The authority will provide an opportunity for the builder or developer to respond to the complaint and present their side of the case.

5. Adjudication and Order: After considering all the relevant information and arguments from both parties, the RERA authority will issue an order or judgment on the complaint. The order may direct the builder to rectify the issues, provide compensation to the home buyer, or take any other appropriate action based on the specific circumstances of the case.

6. Appeal Process: If any party is dissatisfied with the decision of the RERA authority, they can appeal to the Real Estate Appellate Tribunal, which is the appellate body established under RERA. The Appellate Tribunal will review the case and provide a final decision on the matter.

It is important for home buyers to maintain proper documentation of all relevant agreements, payment receipts, correspondence, and any other evidence related to the complaint. This will strengthen their case and facilitate a more effective resolution of the dispute.

Each state's RERA authority may have specific rules and procedures for filing complaints, so it is advisable to consult the respective state's RERA website or seek legal advice to ensure compliance with the specific requirements.

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