The Indian legislature implemented the Real Estate Law in the year 2017. The law brought in hope for million homebuyers who had huge chunks of money stuck with ruthless builders. The law is at nascent stage and is full of dilemma. The confusion vests in many fields form filling to execution.
There has been huge confusion with respect to the filing of a complaint as an association. Presently homebuyers are filing complaint before RERA individually with respect to a particular project against the builder for delayed possession, lack of amenities etc., but they can also file a case by forming an association. The association of persons falls under section 2(zg) which states “Person” includes an association of person or body of individuals whether incorporated or not can approach the Real Estate Regulatory Authority. Hence an association of persons with respect to a particular project may file a case against the builder.
Requirements for filing a complaint as association
- The association may be registered or unregistered.
- All the member of the association must be allottees of the same project.
- All the members must seek same relief.
- The association may file complaint in case delayed possession, possession offered but without amenities etc.
The complaint can be filed under section 31 (1) of the Act and the persons may seek reliefs under section 18, a) refund of the amount paid along with interest or b) possession along with delayed interest and in case of lack of amenities as per section 11(g) proviso one claim compensation.
Every state has different process as prescribed in their rules and regulations. For example if a project is developed in bhiwadi the complaint will fall within the jurisdiction of Rajasthan RERA one has to file the complaint with that Authority online by paying the appropriate fees.
Filling of complaint is the first step for justice but as they say well begun is half done thus if filling is done efficiently justice cannot be left far behind.
Disclaimer – Please note that the above articles is based on the interpretation of related laws and judicial pronouncement which may differ from person to person. The reader are expected to take the expert opinion on the matter.