Cost or filing fees for filing a complaint under RERA Act
A home buyer can file a Complaint under The Real Estate (Regulation and Development) Act, 2016 hereinafter referred as RERA Act) against the real estate Developer for any violations of any obligation envisaged under the Act. In general a complaint under the RERA Act is filed for two purposes.
- For claiming interest on delay possession.
- To withdraw from project and claim refund of amount paid to developer along with interest.
While a complaint for claiming interest on delay possession is adjudicated by the Authority whereas cases related to refund are taken up by the adjudicating officer appointed under the RERA Act. The procedure for filing a complaint under the RERA act is prescribed under Real Estate (Regulation and Development) Rules which is framed by each state. However, online registration of complaint is common amongst most of the states where RERA is applicable.
Unlike any other property related dispute filed in a civil court wherein the court fees is determined based on the value of the subject matter of suit. However, under the RERA Act, the cost or official fees does not depend on the value of the property involved or upon the amount of compensation sought in the complaint. The official fee for filing complaint is fixed and it varies from state to state where RERA is applicable.
In Haryana the requisite fees to be paid for filing a complaint is as follows;
|TYPES OF COMPLAINT||FEE|
|Filing Complaint before the Authority OR Adjudicating officer||1000|
|Filing the Appeal before the Appellate Tribunal||Rs. 1000|
|For Every annexure filed with the Complaint.||Rs. 1000|
|Additional Affidavit.||Rs. 20.|
In Uttar Pradesh the requisite fee to be paid for filing a complaint is as follows;
|TYPES OF COMPLAINT||FEES.|
|Complaint Fee||Rs. 1000|
|Any appeal under Sub section (1) of Section 44||Rs. 1000|
|Withdrawal of application of registration||Rs.50, 000 or up to 10% of the registration fee, whichever is higher.|
EXECUTION UNDER RERA
Section 40 of The Real Estate (Regulation and Development) Act, 2016 deals with the execution of orders passed by the RERA authority or adjudicating officer. As per this provision, if the real estate developer fails to comply with the orders of the tribunal directing to compensation or interest of delay possession, then it shall be recoverable from the developer in the manner as prescribed as an arrears of land revenue. For enforcement of the tribunal’s order, the aggrieved person will have to file an execution application as per the format prescribed under the Real Estate (Regulation and Development) Rules of the respective state.
Once an execution application is filed, the tribunal will conduct a hearing on the application and issue notice to the opposite party. If the opposite party appears and gives justifiable reason for non-compliance of the order, the tribunal would consider its submissions otherwise, it would proceed to issue recovery certificate (RC) which can be enforced through the collector as arrears of land revenue. The collectors also have powers to attach the property of builder and recover dues as arrears of land revenue.
There is no fixed official fee which is to be paid on execution application. Every state has different set of rules regarding the amount of court fee payable for filing a RERA Complaint or execution application.
For more information on filing fees or cost of filing a complaint under RERA Act, please write to us at email@example.com or submit a query.
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