The Real Estate (Regulation and Development) Act, 2016 came into operation on May 1st, 2016, with the goal of safeguarding the rights of buyers in the real estate market and establishing an adjudicating system for quick dispute resolution. It is an act to establish a framework that efficiently and transparently manages and handles concerns such as project delivery delays, property pricing, construction quality, title, etc.WhatsApp
The Real Estate (Regulation and Development) Act, 2016 came into operation on May 1st, 2016, with the goal of safeguarding the rights of buyers in the real estate market and establishing an adjudicating system for quick dispute resolution. It is an act to establish a framework that efficiently and transparently manages and handles concerns such as project delivery delays, property pricing, construction quality, title, etc.
Dispute under RERA Act, 2016
Here are some of the reasons for disputes under the RERA Act:
- Delays In Delivery Of Projects: This is the most troubling problem for homebuyers since it causes them a lot of hassle. RERA has made it easy for purchasers to submit a complaint while making it difficult for builders to deviate from the project's delivery schedule.
- No Delivery At All: There have been several incidents when the builder accepted the booking fee and other instalments but did not provide possession. There are also a number of lawsuits pending against builders in which the builders enticed purchasers with enticing promises and fraudulently received the money but did not even begin building.
- Delivery Not As Promised: It is common practice in the real estate industry for builders to entice customers by making a slew of extravagant promises that they do not keep when it comes to handing over the keys. The buyer is forced to go from pillar to post in order to obtain delivery of their apartment, and when it is ultimately delivered, it lacks all of the amenities promised by the builder in the beginning, such as a clubhouse and a swimming pool.
- Diverting Funds: Builders have long been accused of diverting and abusing monies earned from property bookings. There have also been several infamous examples when builders failed to deliver projects after collecting payments from consumers.
- Non-Disclosure Of Carpet Area: Another modification brought about by the RERA Act is the disclosure of carpet area to homebuyers by builders. Prior to the establishment of RERA, this was not a requirement for builders. Because of the Act, purchasers are more mindful of various factors, one of which is plainly carpet area. Builders may face significant difficulties if the exact carpet area is not disclosed.
- Hiding The Identity Of The Co-Promoter: Real estate developers are now required to publish information about their co-promoters. Keeping it hidden from the RERA Authority may result in serious consequences for the builders. Co-promoters of a project may submit a complaint with the Authority against the promoter of the same project if the promoter conceals information about a co-promoter during project registration.
How to file a complaint under RERA?
The Real Estate Regulatory Authority or the adjudicating officer may receive complaints under Section 31 of the Real Estate (Regulation and Development Act, 2016) These grievances can be made against promoters, allocators, or real estate brokers. The majority of state government regulations adopted in response to the RERA have specified how and where such petitions may be submitted. As is the case with the majority of other states and union territories, these are referred to as Form 'M' or Form 'N' in the case of Chandigarh UT or Uttar Pradesh, respectively." The numerous state legislation must be followed while filing a complaint under the RERA. For matters pending before the NCDRC or other consumer forum, the complainants/ allottees can withdraw the case and approach the authorities under the RERA. Other offences (excluding complaints under Sections 12, 14, 18, and 19) can be lodged with the RERA authorities.
Why approach LAWYASA?
- Expertise: Lawyasa has a team of experienced lawyers who specialize in various fields of law, including family law, property law, and corporate law. We can provide you with expert legal advice and guidance on your specific legal issue.
- Convenience: Lawyasa is an online legal platform, which means that you can access our services from anywhere, at any time. You can consult with our lawyers, get legal documents prepared, and even file a case in court, all from the comfort of your own home.
- Cost-effective: Lawyasa offers cost-effective legal services, which can save you a lot of money compared to traditional law firms. We offer transparent pricing, so you know exactly how much you will be paying for our services upfront.
- Customised solutions: Lawyasa provides customised legal solutions tailored to your specific needs. We take the time to understand your legal issue and provide you with the best possible legal advice and representation.
- Customer support: Lawyasa provides excellent customer support. Our team is available to assist you with any questions or concerns you may have, and keep you informed throughout the entire legal process.
How can LAWYASA assist?
Lawyasa is an online legal platform that can help people in their disputes under the RERA Act in the following ways:
- Legal Consultation: Lawyasa provides legal consultation services to people who are facing disputes under the RERA Act. Users can book an appointment with a RERA lawyer who can provide legal advice on how to proceed with their case.
- Legal Representation: Lawyasa can also help people find a RERA lawyer who can represent them in court. The platform has a network of experienced lawyers who specialize in RERA cases and can provide effective representation.
- Case Management: Lawyasa can help people manage their RERA cases by providing a centralized platform for communication, document sharing, and case tracking. Users can easily upload and share documents related to their case and stay updated on the progress of their case.
- Dispute Resolution: Lawyasa can help people resolve their disputes under the RERA Act through alternative dispute resolution mechanisms, such as mediation and arbitration. These methods can be faster and less expensive than going to court, and can often lead to a mutually agreeable settlement.
- Education and Awareness: Lawyasa can also help educate people about their rights and responsibilities under the RERA Act. The platform provides easy-to-understand resources and information about the Act, which can help people make informed decisions about their case.
Frequently Asked Questions
Q: What is the procedure for filing a complaint under the RERA Act?
Q: What are the time limits for filing a complaint under the RERA Act?
Q: Can a RERA complaint be filed against a real estate agent or broker?
Q: What is the role of the RERA authority in resolving disputes under the Act?
Q: What are the penalties for non-compliance with the RERA Act?
Q: Can a homebuyer seek compensation for delay in possession under the RERA Act?
Q: What is the appeal process for RERA disputes?
Q: Can a RERA complaint be filed against a completed project?
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