FILING OF COMPLAINT UNDER RERA - KARNATAKA

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016.

 

Filing of complaints with the Authority or the Adjudicating Officer.

 

RERA is central law. This Act provides for establishment of Real Estate Regulatory Authority for regulation and promotion of real estate sector and to ensure sale of plot, apartment or building, as the case may be, in an efficient and transparent manner and to protect the interest of consumers in real estate sector and establish the Real Estate Appellant Tribunal to hear appeals from the decisions, directions or orders of the Authority. However, the method of implementation and versions are different in every state. 

 

After the above Act has come into force, the consumer/buyer can now be rest assured that he/she will get justice for the money invested in a flat/apartment. For example: let's assume that Mr. A approached a builder/ developer with an intention of buying a flat and he invested all his savings in a flat with the assurance that the same will be delivered to him within a time period of six months. The Builder failed to give possession of the flat to the buyer within the stipulated time, in such circumstance the buyer can take recourse under RERA by filing a complaint.

 

A distressed home buyer needs a legal tool to raise questions when the promises made by the builders are not kept. One of the various benefits of RERA for homebuyers is that the presence of a regulatory authority would prompt the builders to complete projects within deadlines. It would help the buyer to enjoy better value from the investment in addition to added peace of mind.

Thus, when an aggrieved homebuyer—or an association of homebuyers—want to file a complaint against the unscrupulous builder or developer of project registered with the regulatory authority, he/they can do so under section 31 of the Act by filling the prescribed form and paying applicable fees.

Section 31 of Real Estate (Regulation and Development) Act, 2016. Filing of complaints with the Authority or the Adjudicating Officer:

 

(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 thereunder, against any promoter, allottee or real estate agent, as the case may be.

Explanation. —For the purpose of this sub-section "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force.

 (2) The form, manner and fees for filing complaint under sub-section (1) shall be such as may be specified by the regulations.

 

 

Karnataka Real Estate (Regulations and Development) Rules, 2017:

Chapter 10, of these rules consist of Rules 29 and 30 which deal with the filing of Complaints.

 

Rule 29: Filing of complaint and manner of holding an enquiry by the regulatory authority: This rule clearly gives the guidelines to be followed once the complaint has been filed, thus making it simpler for the complainant to approach the Regulatory Authority in case of any grievance.

 

This rule says that any aggrieved person may file a complaint with the Regulatory Authority for any violation under the Act or the rules and regulations made there under, save as those provided to be adjudicated by the adjudicating officer, as per Form 'N' which shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a nationalized bank or a co-operative Bank in favour of regulatory authority and payable at the main branch of that bank at the station where the seat of the said Regulatory Authority is situated.

 

Thus, this rule specifies in detail how a complainant should proceed with his complaint and the procedure to be followed by the Regulatory Authority and the complainant under RERA.  

 

Rule 30: Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the adjudicating officer:

Any aggrieved person may file a complaint with the adjudicating officer for compensation under section 12,14,18 and 19 as per Form 'O' which shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a nationalized bank or a co-operative Bank in favor of regulatory authority and payable at the main branch of that bank at the station where the seat of the said regulatory authority is situated.

This rule further specifies the procedure to be followed by regulatory authority and the complainant whenever any complaint is filed under the section 31 of RERA.

Thus rules 29 and 30 of Karnataka Real Estate (Regulations and Development) Rules, 2017 deal with the procedure to be followed while filing complaint under RERA.

 

Section 3 of RERA makes it is compulsory for the builder/developer to get the project registered with the Real Estate Regulatory Authority.   Once the project gets registered under the Act, the judicial jurisdiction belongs only to RERA and not any civil court. Thus, the builder/developer is bound by the rules and regulations governing RERA. Hence it becomes convenient for the buyer to file a complaint under section 31 of RERA. But a criminal complaint can still be filed.

 

 

How to file complaint under RERA Online:

The procedure for filing a complaint under the Real Estate (Regulation and Development) Act is simple. Different states have their own rules for lodging a complaint against the state builder or developer. But till now, only 18 states have registered and notified their rules for complaint filing. The only condition that's necessary for filing any complaint under RERA is that the builder or developer should be registered with the state regulatory authority.

While filing the complaint, the complainant has to fill the forms as rendered requisite by the respective state. He has to furnish the information such as:

1.   His particulars and that of the entity responsible for responding to the complaint

2.   Project details such as its registration details and the place of commencement

3.   A brief overview of the facts of the case and the claim made.

4.   Statement of immediate and interim reliefs applicable.

 

Complaints should be filled in Form 'N' of the Real Estate Act. The form would be accompanied by a fee of Rs. 1,000 that would be in the form of a demand draft. The demand draft can be issued from any of the nationalized banks and should be in favor of the State Regulatory Authority. A concise statement of the facts and the grounds for complaint should be mentioned in the application that the applicant is filing. The details of the interim order prayed also need to be added in the application.

 

After a complaint is filed, the authority is required to dispose it under 60 days. If it cannot, it is required to record its reasons for the delay. Besides that, in case some individuals or organizations are not satisfied by the order of the authority, they can approach the appellate tribunal, which is a quasi-judicial body empowered to hear appeals against the regulator's decisions. The recourse to High Courts and then the Supreme Court is always open.

Thus, RERA can be approached if:

1.   The builder/developer fails to quote reason why the project is not registered with RERA, especially when it falls under the purview of this regulatory authority.

2.   The builder/developer does not include the features that he promised in catalogue in final delivery.

3.   It can be approached to settle the dispute of titles of property.

4.   RERA offers platform to file complaint to the claimants who have area measurement issues.

5.   RERA is also available to solve the issue if the land is used for other purposes than pre-defined ones.

6.   Instead of waiting for adjudication under National Consumer Disputes Redressal Commission (NCDRC).

The complainant can also approach RERA in case of violation of RERA rules by any project. Regarding the time limit for filing the case in RERA, there is no time restriction to file a complaint under RERA. Still, the provisions of Limitations Act, 1963 is to be followed to ensure that RERA proves its efficacy when approached on time. Also, this Limitation Act will prevent the misuse of RERA.

Do you need to file a complaint under RERA?

Yes, the present scenario is such that the National Customer Dispute Redressal Commission (NCDRC) is already overloaded with a variety of disputes, ranging from late delivery to fault products, when such is the case, the problem of property dispute, no matter how big it is, continues to stay stuck without resolution. A separate entity devoted to real estate issues can speed up the resolution process. Complaint under RERA is to be resolved within a restricted time period. Thus, quick resolution is one of the many benefits of RERA for homebuyers.

To sum up, it is advisable to act fast in filing a complaint to get the benefits of RERA for homebuyers. They can get any of the following reliefs stated below based on the nature of their complaint:

·         get interim or permanent relief depending upon the case

·         question promoters for late delivery

·         expect expeditious settlement of complaint

·         rest assured that there is no ambiguity in area measurements

·         hold promoters liable for delayed delivery and right to claim compensation

·         enjoy security of an adjudicating authority governing the real estate deals

- A voluntary consumer or an association of aggrieved allotters can approach the Real Estate Regulatory Authority or the adjudicating officer to file a complaint.

-The authority thereby decides on the relief / compensation.

 

Thus, when we find ourselves stuck in any of the undesirable situations created by the builders/developers, it is advisable to approach RERA as soon as possible.

It is worth noticing that the states are free to adopt their procedures to implement this regulatory bill. However, there are form 'M' and form 'N' which are common to all states and union territories, required to be filled by the complainant

 

 

FORM-N

[see rule 35(1)]

Complaint to the Real Estate Regulatory Authority under section 31 of the Real Estate (Regulation and Development) Act, 2016

 For use of Regulatory Authority(s) office:

 Date of filing: ______________________

 Date of receipt by post/at counter/online: ______________________ Complaint No.: ___________year___________

Signature of the Registrar/Secretary: ________________________ Seal________________________

 BEFORE THE REAL ESTATE REGULATORY AUTHORITY ...........(Name of place)

Between

 ______________________ Complainant(s)

And

______________________ Respondent(s)

Details of claim:

 1. Particulars of the complainant(s):

 (i) Name of the complainant:

 (ii) Address of the office / residence of the complainant:

 (iii) Address for service of all notices:

(iv) Contact details (Phone/Mobile/e-mail):

 2. Particulars of the respondents:

(i) Name(s) of respondent:

(ii) Address of the office / residence of the respondent:

(iii) Address for service of all notices:

(iv) Contact details (Phone/Mobile/e-mail):

 3. Jurisdiction of the Real Estate Regulatory Authority:

The complainant declares that the subject matter of the claim falls within the jurisdiction of the Real Estate Regulatory Authority.

 4. Facts of the case:

[give a concise statement of facts and grounds for complaint] ....................................................................................................

5. Relief(s) sought:

 In view of the facts mentioned in paragraph 4 above, the complainant prays for the following relief(s) _____________________________________________ [Specify below the grounds of relief(s) and the legal provisions (if any) relied upon] .................................................................................................................

6. Interim order, if prayed for:

 Pending final decision on the complaint the complainant seeks issue of the following interim order: [Give here the nature of the interim order prayed for with reasons] ........................................................................................................

7. Complainant or matter is not pending with any other court, etc.: The complainant further declares that the matter regarding which this complaint has been made is not pending before any court of law or any other authority or any other tribunal(s).

 8. Particulars of bank draft/bankers cheque/online payment in respect of the fee in terms of sub-rule (1) of rule 35:

(i) Amount

(ii) Name of the bank on which drawn

 (iii) Demand draft/ bankers cheque number

 (iv) Details of online payment

9. List of enclosures: [Specify the details of enclosures with the complaint along with index of documents]

Verification

 I__________ (full name in block letters) son/daughter/wife of ______ aged______ R/o________ the complainant do hereby verify that the contents of paragraphs 1 to 9 above are true in my best knowledge and belief and that I have not suppressed any material fact(s).

Signature of the complainant(s)

Date:

 Place:

 Instructions:

 (1) Every complaint filed shall be fairly and legibly type-written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about 4 centimeters width on top and with a right margin on 2.5 centimeters and left margin of 5 centimeters, duly paginated, indexed and stitched together in paper book form.

(2) Every complaint shall be presented along with an empty file size envelope bearing full address of the respondent and where the number of respondents are more than one, then sufficient number of extra empty file size envelopes bearing full address of each respondent shall be furnished by the party preferring the complaint.