RERA Registration and Complaint Filing Procedure for Ongoing Real Estate Projects in India | Assignments Land Law

1. If the project is on-going i.e. not completed yet then is RERA registration

mandatory for the developer?

RERA Act, 2016 states that all ongoing as well as under-construction projects that have

not received completion certificate have to get registered with the regulatory authorities

within three months, i.e., July 31, 2017.

Provided that projects that are ongoing on the date of commencement of this Act and

for which the completion certificate has not been issued, the promoter shall make an

application to the Authority for registration of the said project within a period of three

months from the date of commencement of this Act.

2. What procedure is to be adopted if such mandatory project is not registered by

the developer?

Any aggrieved person being buyer or agent or builder, may file a complaint with State

RERA authority for any kind of violation or contravention of RERA Act and RERA

Rules. Every State has prescribed a separate procedure and form for such redressal. In

the case of perpetually delayed projects that are not registered under RERA, the

customer may file a complaint with the authority or adjudicating officer, appointed

under the legislation as per Section 31 of RERA. A homebuyer can also file a complaint

against the real estate agent in the form or manner provided under the Act. The

homebuyers can not only reach out to RERA authority in the State but other legal bodies

as well. For instance, under the Consumer Protection Act, 1986, a homebuyer can

deficiency in services refers to any fault, imperfection, shortcoming or inadequacy in

the quality, nature and manner of performance, which is required to be maintained as

per the law.

Steps to file complaint:

Step 1 – To file a complaint with the Authority, the complainant needs to visit the

State’s official website. On the portal, search for the page of Complaint Registration.

Step 2 – Click on the complaint registration link. You will be taken to the complaint

form where you are required to fill the details of the complaint.

Step 3 – While filing the complaint, homebuyers would be asked to submit their

personal details including Name, Address, Contact details, and Project details.

Complainants can also attach supporting documents.

Step 4 – Once the form is fully filled, the complainant would need to pay a sum of Rs

1,000 for filing the complaint or Rs 5,000 in case the complaint is filed before the

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1. If the project is on-going i.e. not completed yet then is RERA registration mandatory for the developer? RERA Act, 2016 states that all ongoing as well as under-construction projects that have not received completion certificate have to get registered with the regulatory authorities within three months, i.e., July 31, 2017. Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act. 2. What procedure is to be adopted if such mandatory project is not registered by the developer? Any aggrieved person being buyer or agent or builder, may file a complaint with State RERA authority for any kind of violation or contravention of RERA Act and RERA Rules. Every State has prescribed a separate procedure and form for such redressal. In the case of perpetually delayed projects that are not registered under RERA, the customer may file a complaint with the authority or adjudicating officer, appointed under the legislation as per Section 31 of RERA. A homebuyer can also file a complaint against the real estate agent in the form or manner provided under the Act. The homebuyers can not only reach out to RERA authority in the State but other legal bodies as well. For instance, under the Consumer Protection Act, 1986, a homebuyer can register a complaint under Section 2(1) (c) for deficiency in services. The term deficiency in services refers to any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance, which is required to be maintained as per the law. Steps to file complaint: Step 1 – To file a complaint with the Authority, the complainant needs to visit the State’s official website. On the portal, search for the page of Complaint Registration. Step 2 – Click on the complaint registration link. You will be taken to the complaint form where you are required to fill the details of the complaint. Step 3 – While filing the complaint, homebuyers would be asked to submit their personal details including Name, Address, Contact details, and Project details. Complainants can also attach supporting documents. Step 4 – Once the form is fully filled, the complainant would need to pay a sum of Rs 1,000 for filing the complaint or Rs 5,000 in case the complaint is filed before the

Adjudicating Officer. Online payment mode is also available for completing the transaction. LIFT CASE Section 24( 1 ) of the Rent Act, which is as follows: No landlord either himself or through any person acting or purporting to act on his behalf shall without just or sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him. In the case of Dhanrajmal Gobindram And Co. (P.) ... vs The State Of Maharashtra And Anr.^1 held that, any offence can be said to have been committed by the landlord it shall have to be established, firstly, (1) that there are premises let out by the landlord to the tenant; and secondly, (2) that essential supply or service was enjoyed by such tenant; and thirdly. (3) that any such essential service was cut off or withheld, and fourthly, (4) that the landlord has done so himself or through any person acting or purporting to act on his behalf; and fifthly. (5) that this was done without just or sufficient cause. (^1) Dhanrajmal Gobindram And Co. (P.) ... vs The State Of Maharashtra And Anr., 1973 CriLJ 184 8.

RERA Registration and Complaint Filing Procedure for Ongoing Real Estate Projects in India, Assignments of Land Law

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