Delay in possession- Procedure to file RERA complaint
Under the Real Estate Law in India, one of most common grievance of homebuyers is delayed possession of flats or allotment by the developer or promoter. There are numerous complaints and cases which have been lodged across several judicial and quasi- judicial authorities in India with respect to delayed possession of flats to homebuyers. To tackle this and provide relief to the homebuyer the RERA Act provides for Filing of Complaint with the Authority or the Adjudicating Officer under Section 31:
Section 31. (1) 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 there under against any promoter allottee or real estate agent, as the case may be.
As per the Real Estate (Regulation and Development) Act (RERA), complaints can be registered under Section 31 of the Act. Complaints can be filed against developers, builder, and agents with the regulatory authority or the adjudicating officer. Note: All complaints filed under RERA must be in the form prescribed under RERA norms.
Every State have different complaint format. For example, complaint in the State of Maharashtra, the aggrieved person can visit the MahaRERA website and register the prescribed format. In case of complaint in the State of Karnataka ‘Form N’ has to be fill up which is provided at their website.
RERA to conduct time-bound hearing
The claim for compensation is filed under Section 31, it will be posted for hearing before the Adjudicating Officer of RERA under Section 71 of the Real Estate Regulation Act. The Adjudicating Officer has the rank of a District Judge and is empowered to hear and decide claims for compensation. A sixty (60) day time-limit is prescribed under Section 71 for the Adjudicating Officer to hear and decide the case.
Section 71. (1) For the purpose of adjudging compensation under sections 12, 14, 18 and section 19, the Authority shall appoint in consultation with the appropriate Government one or more judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard.
Therefore, any person who is facing delay in possession of his flat can easily move the Real Estate Regulatory Authority with his complaint. While the final verdict will depend on the individual merits of the case, the benefits of quick and timely disposal are for all to see.