Property Possession Delay - RERA
An Expert team of Lawyers with experience of different cases
Our lawyers are prevalent in a range of courts :
- Mumbai High Court
- Sessions Court
- District Court
- Supreme Court
Along with creating a tailored strategy that safeguards your interests
- Criminal complaint Under section 498A of Indian Penal Code, 1860 and its proceeding before CAW cell
- Petition for Divorce under various grounds as per Hindu marriage Act viz.
- Petition on the ground of mutual consent
- Petition on the ground of Contested Divorce
- Petition on the ground of cruelty
- Petition on the ground of Desertion
- Petition on the ground of impotency
- Petition on the ground of adultery
- Petition for Custody of children under provisions of HMA, 1955
- Application for seeking Interim maintenance and expenses by wife
- Application for restitution of conjugal rights
- Suit for partition of the joint property owned jointly by husband and wife
- Application for buying of property in the Project
- Builder- Buyer Agreement
- Receipts/Proof of payments made to the builder
- The Buyer and the Builder
Frequently Asked Questions
RERA Stands for Real Estate (Regulation and Development) Act, 2016. The word RERA is also used to denote the Real Estate Regulatory Authority. As per the act, every state and union territory in India has to set up a RERA authority. It’s an initiative by the Indian Government in the real estate sector. The Act aims to set up a Real Estate Regulatory Authority (hereafter, 2018 RERA 2019) to ensure speedy justice to home buyers. The Act is designed to ensure timely recovery of money or possession of the property to the buyers, against the builder.
The Real Estate Act 2016 applies to all commercial and residential projects where- The land is over 500 square meters, More than eight apartments are to be developed Ongoing projects which have not received completion certificate on the date of commencement of the RERA Act. If a real estate developer fails to register a project within three months, the RERA authority – can impose a penalty of 10% of the project cost or can award a three years’ imprisonment Once you register as a promoter, you will receive a login ID, password and a unique registration number. You can update your project details after login into the RERA portal of your state.
RERA or Real estate development act 2016 was the need of the hour. In the absence of a sector-specific law, the Indian real estate sector suffered from corruption and a lack of transparency. RERA takes care of consumer interests and brings discipline in the real estate sector. RERA has the following broad objectives -Bring transparency in the real estate sector. Protect consumer interest by ensuring the time-bound delivery of real estate projects.Single forum to handle real estate disputes. Bring standardization in the real estate sector. -Ensuring accountability of the builders \developers \Agents \promoters.
No, RERA is not applicable to rental projects. It only covers the purchase and sale of real estate projects.
RERA is applicable to both residential and commercial projects, including shops, offices, and buildings.
The RERA act applies to ongoing\/existing projects. All real estate projects which have not received occupation or completion certificate will come under RERA. All existing\ongoing projects must register under RERA within three months of implementation of the RERA Act.
Here are a few exceptions where the RERA act does not apply
-If the proposed land is less than 500 square meters, the RERA act is not applicable.
-If the proposed apartments do not exceed eight, the act is not applicable.
-If the project has received a completion certificate before the commencement of the RERA act.
-If its repair and renovation work and does not involve marketing and selling of new apartments.
File RERA complaints:
Step 1 To file a complaint with RERA authority you need to visit your state’s official RERA portal. For example, to file a complaint with Maharastra RERA you need to visit the portal
Step 2 Once you click on the above link, the online RERA complain form will appear.
Step 3 You need to submit your name, address, Contact detailers, and project details. Attach supporting documents such as builder-buyer agreement, project advertisement, brochure, etc.
Step 4 After filling up the form, you need to pay a sum of INR 1000 for filing a complaint before RERA. If you are filling complain before adjudicating officer, the fee would be INR 5000. You can pay the complaint fee online or via check.
The complaint can be filed as soon as there is an apprehension that the builder will not be able to deliver the property within the stipulated time period. In any manner, it is best to file a complaint as soon as the term of the agreement expires.
The process starts with sending a legal notice to the builder. The legal notice act as a final warning to the builder and sets the legal ground to file the RERA complaint. In case the dispute is not resolved after the legal notice, you can file a complaint with RERA. You would need the following documents while filing a RERA complaint
-Builder buyer agreement
-Letter of allotment
-Amount paid to the buyer
-Compensation sought and the interest over the amount sought from the builder.
Yes, an association of persons (eg. a Welfare Association of Home Buyers) may file a case against the builder. The following are the requirements for filing a complaint as an association
– The association may be registered or unregistered.
– All the members of the association must be allottees of the same project.
– All the members must seek the same\/similar relief.
– The association may file a complaint in case of delayed possession, possession offered but without amenities, etc.
You can claim a refund of the amounts paid along with interest and\or damages. In case you do not want to withdraw from the project and do not want a refund, the builder has to pay interest for every month of delay, till the handing over of the possession.
Property buyers can seek for the prompt delivery of possession of their property. In this case, RERA will direct the builder to complete the construction and hand over possession to the buyer in a specified time period. In addition to this, the property buyer can seek compensation from the builder for delay in handing over possession of the property in the form interest amount. Delayed compensation in the form of interest amount will be payable from the promised date of completion of construction till the date of actual handing over of possession. Furthermore, the aggrieved buyer can also seek the cost of litigation from the builder. On satisfaction of the Court, the builder may be directed to pay the entire cost of litigation incurred by the buyer. However, in case the buyer is not wanting possession of the property anymore, then they may also seek a refund of the entire amount paid by them. Many states have fixed the rate of interest payable by the Builder to the buyer as the State Bank of India’s highest Marginal Cost of Lending Rate plus two percent. However, the interest percentage in the case of any default could differ state-wise. State governments are vested with the powers to fix the rate of interest in case of any default by the builders. They are required to notify the applicable rate of interest.
The new law states that the Regulatory Authority should dispose off complaints within 60 days from the date of filing. However, the Authority can take more time and is required to record the reasons for not completing the proceeding within the 60 day period.
No, the bank cannot be made a party to the Complaint. The complaint can only be filed against the builder.
To ensure that your project is registered with RERA, you can visit the website of RERA under whose jurisdiction your project falls. On the website, you can get the list of projects who have filed an application for registration before RERA and status of their application
In case RERA gives a decision in favor of the builder, you can file an appeal in the RERA Appellate Tribunal. The appeal is to be filed within 60 days of receipt of the order of RERA.
Step 1-Visit your respective state’s RERA Portal.
-Defaulter project list.
Step 2-Click on Registered Projects
Step 3-Select district, for example, if your project is based in Agra, select Agra as the district.
Step 4-Enter Project Registration number as shared by the developer.
Step 5-Select promote name from the drop-down
Step 6-Enter project name
Step 7-Enter Captcha and click on search.Download the project details from RERA portal and compare it with the developer’s advertisement\/brochure. You should verify the following details
-Project completion date
-RERA registration date
-Flat size, carpet area
-Terms of payment and other details.
In case, you find major discrepancies, think twice before putting your money in such a project.
A Question both buyers and sellers have been curiously looking for an answer to. The act will surely have an upward impact on the prices for residential properties, but not in the short-term.With so much inventory lying withing existing projects, a market correction will take 3-4 years. Here are some impacts or RERA which we will see in the next five years.
-Small players will be wiped out.
-Market will consolidate
-The RERA Act makes it mandatory to sell on the carpet area. The Indian real estate market has been transacting on the super-built-up area, which is 25-30 percent higher. The per square fit rate adjustments will happen in the coming years.
-Once the current inventory is sold, there will be limited supply.
-The builders will have pressure to complete in time, the focus will shift to completing the projects from launching a new one.
-The burden of Structural Defects shifted on developers, they will add this cost to project prices.
“RERA has been notified in all states except Arunachal Pradesh, Chhattisgarh, Sikkim, Meghalaya, and Nagaland. West Bengal has brought its own law related to RERA. In some states, the implementation has been patchy.
RERA is a landmark legislation that came into effect in May 2016 after the Indian Parliament enacted the act with 92 sections. There was a need to make builders accountable and protect the interest of home-buyers. The existing consumer laws were unable to meet the regulatory needs of the real estate sector.Every state has to plan its own regulatory body under the guidance of RERA. The implementation includes setting up a forum, appellate tribunal, and an online portal. Every real estate project must register in the respective state.
RERA brings the much-needed accountability of the builders. The main purpose of this act timely delivery of real estate projects. With RERA in place, homebuyers can expect a better return on investment on their residential projects.
The builder will have to register their project under RERA. Gone are the days of misleading marketing advertisements and Ponzi schemes. Now the marketing promises need to be delivered or the promoters will have to face the ire of regulators.
All Real estate agents will have to register on the RERA portal of their respective states. The registration number needs to be quoted in every real estate transaction. This will weed out all fake real estate agents from the market.
RERA will increase confidence in the real estate sector. The homebuyer will have a sense of protection and timely delivery of flats. Overall, real estate will experience growth, transparency, investments, and consolidation.”
Steps to Follow
Steps if considering family matter
- STEP 1: DOCUMENT VERIFICATION
You will be required to share scanned copies of documents related to the property for verification by our lawyer
- STEP 2: FILING OF COMPLAINT
The complaint will be held in RERA within 3 days of approval of the draft
- STEP 3: REPLY
The builder wilt file a reply to your complaint
- STEP 4: HEARING AND ARGUMENTS
RERA will conduct hearings in the matter. Our lawyers will update you after every hearing
- STEP 5: JUDGMENT
RERA will deliver judgment in the matter