Status as on: 02/03/2022
The RERA Act, 2016 include the four terms: Allottee, Buyers, Promoter, and Agents. Section 2(d) of the RERA Act, 2016 defines “Allottee” means a person to whom a plot, apartment or building, has been allotted or transferred by the promoter. The main aim of this act to protect the homebuyers, bring transparency and regain the lost belief in Real estate industry.
The following are some of the reasons to register an RERA complaint:
- Misleading advertisement, notification, or prospectus
- Delay in property possession
- When advance payment made but construction stalled.
- Inappropriate Project Registration
- Non-disclosure of project details as required
- Structural flaws and service quality
- Transfer and assignment flaws
According to Section 31 of RERA Act, 2016 Any aggrieved person may make a complaint immediately with the Regulatory authority or adjudicating officer against any promoter, allottee, or real estate agent who is in breach of the act or its rules and regulations.
According to explanation to section 31(1) The term “person” includes any allotteesorganization or any voluntary consumer group registered under any law.
A single house buyer frequently files an RERA complaint and engages an RERA lawyer to advocate his or her interests before the authority or adjudicating officer. According to the RERA Act’s provisions, an association of purchasers can also file an RERA complaint on behalf of all the buyers in particular real estate project. The basic requirements to be fulfilled in case a Buyer’s Association wants to file a complaint in RERA include the following:
- The organization should be registered.
- Each association member must be a buyer in the same real estate project.
- Each association member must seek same relief from the RERA Authority.
When all of the aforementioned elements are satisfied, the buyers’ association can submit a collective complaint with the RERA Authority on behalf of all of the real estate project’s home purchasers who are having the same issue with the builder. Section 18 ofthe RERA Act allows the buyers’ association to request a refund with interest or ownership of their property.
According to the Gujarat Real Estate Appellate Tribunal, if a group of allottees wants to submit a complaint with the Gujarat Real Estate Regulatory Authority (RERA), the group must first be a registered organization. Residents or allotees of the residences can make complaints individually or through a power of attorney if the association is not registered.
When a complaint is made by a buyers’ association, the method for submitting an RERA complaint alters slightly. The complaint in this instance comprises information on all of the purchasers, the real estate project, the builder, a common issue that all of the buyers are facing, and the collective remedy requested from the authorities.
The RERA complaint includes the following documents of all buyers in the association:
- Allotment letters received by each buyer.
- Builder-Buyer Agreement signed by each buyer with the builder.
- Every buyer must provide proof of payment, such as a copy of a check, a bank statement, or payment receipts.
Following the filing of a complaint, the system stays the same, and the RERA lawyer appointed by the buyers’ organization represents all house buyers collectively. If a buyer is dissatisfied with the RERA Authority’s judgement, he or she may file an individual appeal or a buyers’ group may file a collective appeal with the RERA Authority.
Conclusion-
The joint complaint is advantageous for a big number of individuals with shared interests and problems at the same time, but it may have an impact in circumstances where some property buyers have worse documentation than others. However, it decreases the expense of litigation and makes cases more effective than solo cases.
Disclaimer-The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in
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