The state of Maharashtra owns the biggest share of investment in real estate and construction Industry in India which is nearly 25% of the whole. Although Real Estate industry has become the core of Maharashtra economy but this has also brought the grievances of the consumer in picture.
Lately, RERA Act, 2016 has been introduced and now home-buyers wouldn’t be cheated on the basis of false promises. It is the onus on the builder to provide timely possession of the property to the buyer. Even if buyers face these issues they can directly forward their grievances to the regulatory authority in Maharashtra.
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RERA in Maharashtra
RERA, is a set of laws, regulations and authority by the Government to ensure (i) accountability, (ii) sustainability, (iii) grievance redressal, specifically for real estate industry. The Real Estate (Regulations and Development) Act, 2016 was commenced from 01/05/2017.
As required by RERA Act, the State of Maharashtra has notified its final Maharashtra RERA Rules, 2017 on 20/04/2017 which prescribe regulation, form and process for;
- RERA registration by builders and agents
- RERA authority constitutions
- Filing complaints before RERA Authorities
- Complaint redressal system
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Common Complaint before RERA
Some the common issues faced by the buyer which are being filed before RERA authority/RERA Adjudicating officer are as under:
- Delay in possession of the Property.
- No refund from the Builder.
- No compensation for the delay as promised
- Delay in registry
- Un-necessary demand by builders
- Non-payment of penalty for delay etc.
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Filing RERA Complaint in Maharashtra
The RERA portal in Maharashtra has been launched and facility of filing real estate complaint is just a click away but still the professional advice before filing RERA complaints is advisable because disclosure of correct facts and figures of the complaints can enhance the chances of reducing the decision in your favour.
RERA complaint in Maharashtra can be filed before following authorities depending upon the kind of grievance.
(i) Complaint to RERA Adjudicating Officer – Any complaint relating to claim of interest and compensation, which is covered by section 12, 14, 18 and 19, of RERA Act, 2016, can be filed in form ‘B’ before Maharashtra RERA Adjudicating officer. The complaint shall be filed with the fees prescribed of Rs. 5000/-.
The RERA Adjudicating officer shall, after following the prescribed procedure, dispose of the complaint within 60 days of filing. If it is not disposed of, in said period, the officer shall record the reasons.
(ii) Complaint to Maharashtra RERA Authority –
- Any complaint relating to violations of RERA Act, or RERA Rules and regulations,
- Except those which can be filed with RERA adjudicating officer,
- Can be filed before RERA Authority in form ‘A’.
- After paying the prescribed fees of Rs. 5000/-.
The RERA Authority shall, after following the prescribed procedure, dispose of the complaint within 60 days of filing. If it is not disposed of, in said period, the officer shall record the reasons.
(iii) Complaint to Maharashtra RERA Tribunal – RERA tribunal is second appellate authority.
- Any person aggrieved by order of RERA authority or adjudicating officer
- may file complaint to Maharashtra RERA tribunal in form “C”.
- Within 60 days from the date of receipt of such order
- After paying the prescribed fees of Rs. 5000/-.The RERA Tribunal shall, after following the prescribed procedure, dispose the complaint within 60 days of filing. If it is not disposed in said period, the officer shall record the reasons.
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How we help in Complaint Filing and Redressal
RERA consulting team of Centrik is very versatile and experienced. We have in-depth and practical experience in dealing various issues and RERA litigation before different RERA authority. To name, some consultancy, are as under:
- RERA registration for project and agents
- RERA Complaint filing & redressal
- RERA Compliance
- RERA Advisory
- Appearance before RERA Authority
- And other Advisory
For more details and advisory, please mail us at rera@centrik.in or call us at 8383011629
Please note that the above article is for education purpose only. This is based on our interpretation of laws which may differ person to person. Readers are expected to verify the facts and laws.
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Why write an article on RERA when you yourself are not clear about it, haven’t you written understood & verified facts in your article…???
Dear Mr. Deepak, Instead of criticizing, it would be good if you can tell us, what wrong has been published in this article. We would be happy to update us if any matter has been wrongly quoted or interpreted.
Is it possible to challenge the builder through RERA if he is giving 2BHK flat to one joint family member by making separate agreement & allotting 1BHK flats to four other families? The building is 90% complete, so before or after possession of flats, can others get justice & penalize the builder for his wrong doing & dishonesty? Can he be asked by RERA to show all the agreements of the legal heirs of the property & prove his fraud?
only allottee can file a complaint to RERA against any default if the project is registered with RERA
Can complaint be filed for non Rera Registered builder, regarding possesion delay
Yes, for filing a complaint, it is not compulsory for the project to register with RERA. For more details, please mail us at rera@centrik.in
With reference of delay payment from buyer after registration of flat , can a builder filed complaint against buyer.
please put the complete query at rera@centrik.in
Can complaint be filed against builder for delay in possession? Can we claim interest or rent for the property.
Yes, RERA complaint can be filed for delay in interest.
How do I Complaint if the Builder has sold the common place of the society to a third party and also sold the main gate which is locker by the builder
You can approach the jurisdictional RERA and file case through the association. You would get the relief. For more details please call to our expert at 8383011629 or mail at rera@centrik.in
Hi,
My name is navin bauskar , and i bought a flat in titwala in 2016 ., but untill now i didnot get possession. Can i filed a compliant against builder in MAHARERA.
Yes, you can file the complaint.
I have purchase a flat in 2016 and also got the possession however without OC which was promised by Builder that will be expected to be given in Mar-2017. Till now we have not received the OC and its a big township in Vasai and many people are stuggling to fight with builder for OC.
Pls advice how do I register the complaint with builder for OC.
Yes, you can file complaint with RERA. RERA complaint by the group would be good.
I have book flat and make payment by RTGS in 2015, but builder not register flat, in 2017 he sent me signed copy of agreement but never register the same, now through e search i have to know that the said flat is already sale to other person. now what to do, how to file complaint, under which section i file complaint since i am ready to take other flat in same building with same condition and cost. plz suggest
Selling a flat to more than one is against the law and shall attract penalties. However, before suggesting any legal remedy, we need to go through the facts, please mail us at rera@centrik.in or call us at 8383011629
I have purchased flat at lokmanya nagar PALGHAR west ,I have problem with our builder. He have not given possession letter yet, actually I am living from May 2017 in this flat but he have not given possession letter to me yet. Also water connection of nagarpalika have not supplied to us in our building by builder,everytime he reply to do soon but he is not doing any process for the same from last 2 years.also our building have too much leckege,what can I do against Builder.
You can file case against builder in RERA. For more information, please write us at rera@centrik.in
hi,I have booked two plots with orior developers at Bhasker valley,karjat in 2006-2007 .All the installments have been paid except the last and still awaiting the allotment. There has been no response till now.what to do now.
I have boked the flat in the RERA project one wek back and paid booking amount. When I discussed with my friends, I came to know that few montha back there was construction issue launched against the builder. So I thaught of cancelleing the booking can I get my money back?
It shall be depending upon signed application form and other form
Hi
I booked flat 2017in vasai ,sale agreement writen possation will be December2018 but not given possation till now .so I stopped balance 2lakh down payment . please suggest what to do now.thank you
sir I just want to ask you. in my building there is above 100 flats.and still parking slots is only 6 to 7 available . then builder can sale it ? if builder allocate parking for 7 peoples the what about others.then what can we do to against with them?.kindly please guide me for that
i would like to incure abt rashim bldr project star city phase 4 in naigao book in 2013 and till date no news….the poject completion date mention on rera site is 2026.pls advise
Hello,
I have filed a complaint with RERA for delay in possession by paying the fees of Rs.5000/- I have the receipt of payment, made on 24th July, 2020. The rule says that the hearing should be scheduled within 60 days of filing the complaint. In my case it’s been over 100 days. Are these delays to be understood in the context of the pandemic or is there a next step I should take? I have emailed the RERA Helpdesk who keep saying the legal team will revert, but they never say when. The legal team also do not reply to emails.
Thank you in anticipation of a reply .
Can we complaint against builder in Palghar for providing poor construction quality and not responding to complaints for repairing the same. Also there is no response from him to all our repeated complaints. Due to this we have not taken possession and the matter is pending since past 3 years. Your advise will be helpful.
Thank you.
yes