Uttar Pradesh is India’s most populated State and by virtue of it being highly populated it also owns the Real Estate demand. With the rise in transactions in Real Estate sector, the number of grievances has reached high in numbers. In recent time, we have heard a lot about real estate frauds and irregularities in Noida, UP. Some of the builders has applied for insolvency.
The introduction of RERA Act, 2016 has given a sign of relief to the home-buyers of Uttar Pradesh as enactment of RERA Act has provided them a proper regulator and authority where they can seek for the justice on their grievances.
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RERA in Uttar Pradesh
RERA (Real Estate Regulatory Authority) Regulation has been enactment from 01/05/2017 with the specific object to ensure (i) accountability, (ii) sustainability, (iii) grievance redressal, for real estate industry.
As required by above RERA Act, the State of Uttar Pradesh has notified its final Uttar Pradesh RERA Rules, 2017 on 27/10/2016 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, Uttar Pradesh
Based on our experience and research, we have observed some kind of common issues faced by the buyer for complaint redressal which are as under:
- Delay in possession of the Property.
- Non-payment of interest and penalty
- Sales of flat to multiple buyers
- Un-necessary demand by builders
- Development stopped on the project
- Cancellation of project
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Filing RERA Complaint in Uttar Pradesh
After enactment of RERA Rules in UP, all the complaints relating to real estate as prescribed under RERA Regulations shall be filed before State RERA instead of consumer court or consumer forum or civil court.
Preparing RERA complaint and presenting before RERA authority require a professional approach and manner. RERA authority has been vested with rights as if of civil court hence it require to comply with the decorum and related practices.
RERA complaint in Uttar Pradesh 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 ‘N’ before Uttar Pradesh RERA Adjudicating officer. The complaint shall be filed with the fees of Rs. 1000/-.
(ii) Complaint to Uttar Pradesh 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 ‘M’ either physical or on its portal
- After paying the prescribed fees of Rs. 1000/-.
The RERA Authority 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.
(iii) Complaint to Uttar Pradesh RERA Tribunal – RERA tribunal is second appellate authority.
- Any person aggrieved by order of RERA authority or adjudicating officer
- may file complaint to Uttar Pradesh RERA tribunal in form “L” in physical or on its portal within 60 days from the date of receipt of such order after paying the prescribed fees
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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.
Note – 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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Sir my complain is Madhyam group property dealer sir I complain SPL Awas Yojana Ghaziabad main is company get through Ek flat book kar aaya tha Jiske Liye maine 20000 rupay Diye company mein 5000 Paytm se pay Kiya 15000 Card check spl Awas Yojana ke naam se check diya tha baad mein Mera Koi company ke through letter nahi aaya aur baad mein flat cancel hone ka message aaya
hi, i have a complaint for supertech builder. i bought a flat in eco village 2, greater noida, up, in october 2017. the builder promised to facilitate the home loan from LnT finance or indiabulls since it would not be possible for us to do loan formality since I am an NRI. they also promised to provide monthly rent of rs 6500 starting November 2017, till possession. I have done the complete down payment. neither i am getting the loan disbursed nor the rent as committed. im getting new contact people everyday but the matter is not getting resolved. kindly help!
As per the provisions of the RERA Act, refund of the down payment can be asked as a legal remedy by filing a RERA Complaint but before doing so we need your Builder-Buyer agreement and Allotment Letter so that the preliminary assessment can be done.
Please drop us a mail at rera@centrik.in or else contact at 9717790021.
MANJU J HOMES (red apple homes) me 1 bhk ka flat 5 year pehle book ki par aaj tak flat banker taiyar nahi hua .aur construction status aisa ki 5 sal me bhi ban jay to upar wale ka sukr hoga.mohady nivaden hai kadi karvai builder pe ki jay taki janta ka bhorasa bana rahe,
You can go for RERA complaint to get justice.
मैंने अवध अपार्टमेन्ट,बारूदखाना गोलगंज लखनऊ में श्री बालाजी कंस्ट्रक्शन कंपनी से पार्किंग के साथ फ्लेट खरीदा था,पार्किंग में मेरे फ्लेट का नम्बर लिखा था,और मुझे लिखकर भी दिया।बिल्डर अब पार्किंग देने में आनाकानी कर रहा है ।क्या करें,सलाह दे।
धन्यवाद
मोहमद जाफर खाँ
मोबाइल नंबर-9004413163
ईमेल-rukhsanajafar93@gmail.com
i purchased flat in Merlin Vasundhra sector 13 ghaziabad project in Oct 2017 with assurance of possession in Jan’18 as building was ready it required only basic check of water supply and electric supply. builder took 92% payment from me by Feb’18 however he is demanding money but kept postponing date of possession. please suggest what to do.
Dear, You can go for RERA complaint filing if the builder is not providing realistic and correct informations. For further details, please mail us at rera@centrik.in
Sir/Madam, a flat cancellation request was given to builder in Noida Extension 4 years back but in spite of giving many reminders to builder, builder didn’t refund my money & sending me demand letters as on date. Kindly advise will I get any relief from RERA.
Thanks
You can approach the RERA authority for relief, for more details pls mail at rera@centrik.in
Sir , After registering complaint in RERA-UP , how to know the complaint number for checking the complaint status.
you would receive the complaint no on your registered mail id.
Sir i want to know what will be intrest rate for delay by builder or custmer .in practice builder taking intrest 18%intrest on delay inatallment and giving only 5rs sqft for delay which is very minium.what is guide line as per utar pradesh rule pls guide
The rate of interest shall be dependent on the builder-buyer agreement. For other information, please mail us at rera@centrik.in
developer liable to pay the same interest as the EMI being paid by the consumer to the bank back to the consumer
Now, the RERA ensures that any delay in project completion will make the developer liable to pay the same interest as the EMI being paid by the consumer to the bank back to the consumer
I had booked flat in Shubhkamana techhomes , Sector 137 Noida in year 2011. Possession was promised by builder by Jun2014 with 6 months grace period. 95% payment was taken by builder by Jan 2013 and only 5% payment is pending. Many times, I and other buyers have met personally with director of this builder and several times, builder promised to complete project within next 6-18 months. But no much progress so far. Building Infrastructure is ready but finishing work in flats and common areas are not done. Builder is not doing anything to deliver the flat in next 2-3years. Pls suggest what to do and how RERA complaint can be filed for getting money back with interest from this builder. Thanking in advance.
This case is maintainable under RERA. To get the complete details, please mail us at rera@centrik.in
I have booked a flat in Gaur yamuna city in Greater noida builder name is Gaur sons. In November 2014. Possession date was 30.09.2017. which has been passed. I have mailed on customer care’s email I’d of builder. that how much time will you take to hand over the possession. they replied kindly come and discuss in my office approx 80% payment has been done from my side. Neither he is agree to pay me 5/- per square feet monthly payment as a penalty nor agree to take the rest payment at the time of possession.
I am stuck and bearing a huge interest cost of bank.
Kindly let me know how to file a case in RERA and where is the office of RERA. in up
Dear Gaurav, based on primary facts, a rera case can be filed in this matter. For more details, please mail us at rera@centrik.in
On 15th April’2014 I entered into a contract with your company for buying a 3 BHK flat K-3, 704 in Kumar Imperial Greens Project, Noida Extension, Greater Noida (Uttar Pradesh).
I have fulfilled all demand in terms of payment request from the day one as per agreement. As a buyer, I did not and do not have any backlogs of paying the installments as demanded by you in various construction phases of the flat in Kumar Imperial Greens Project.
Unfortunately, the construction work is stopped and seeing a sign of very slow progress. I am deeply concern the way M/s Keltech Infrastructure Ltd. is executing the project.
As per agreement Builder to deliver the flat on time within 48 months as stipulated in the agreement which in the before April’ 2018. Can you please advise how how RERA can help us out in this case. Delay in possession!!
Yes, RERA case would solve the purpose whereas per section 18 you can either claim to get the possession with interest for the delayed period or complete refund of the amount paid with interest. For more details please contact to our expert team at rera@centrik.in or call at 8383011629
Sds infracon and I have delayed by 6year now till today I have not get possession
sir, humne 2015 me Aadhar group private limited me 1 shop and 1 office book karaya tha , but abhi tak builder ne waha excavation tak nahi kiya . last october me humne cancellation ke liye apply bhi kar diya but builder hume money return nahi kar raha hume every week ,next week milega keh kar taal diya jaata hai .sath hi usne service tax bhi kaat kar money vaapas karne ki baat kahi hai. humne use 8,73,000 de rakhe hai jisme se usne sirf 2,35,000 waapas kiye hai. can you pls advice us what should we do in this case. and one thing more project was not registered in rera.
You can file the case before RERA. For more details please speak to our expert at 8383011629 or mail at rera@centrik.in
I purchased one Villa in Ansal Golf City Phase-2 in December-2011.
Paid an amount of 20 lakh by June-2012.
Till date no progress in the Project.
Only paying installments of bank loan.
Even they are unable to show the location at the site despite many visits at the site office.
Many visits to their Lucknow office has yielded no result as no responsible person is available.
More than six & half years has passed.
No way out.
Kindly advise.
Mr. Mahendra, the best and quick remedy is to file RERA case. For more details, please call our expert at rera@centrik.in
Sir,
I booked a flat (3 BHK, 1380 SQFT) in PARAMOUNT EMOTIONS, Greater noida west on dated 16.08.2018 for an amount of INR 1,50,000 by TRU HOMES broker. I have not signed BUILDER BY AGREEMENT with builder, but my home loan not sanctioned. So I decided to cancel my flat and mailed them for cancellation and requested for refund. they denied to refund the amount 1,50,000. Now, I am very much worrying about my money.
can you pls advice us what should we do in this case.
thank in advance
It shall depend upon the terms and conditions of allotment.
Dear Sir I have apply Diya green City rajnagar ext but i see project not complete 2022 dead line 2019 i deposit 35000/- i want refund but no reply this side what i can do i approc UP Reara but complain not lounch
Please put your complete query at rera@centrik.in
Sir, I am residing in a apartment under the Ramprastha Greens, Vaishali, Ghaziabad, 201010. Registry and possession was done in June 2011, and this apartment is fully occupied. But the builder is not applying for completion certificate, could you please suggest if RERA can in obtaining completion certificate for this apartment which is fully occupied and all the flats have been registered by GDA?
Sir, I am residing in a apartment under the Ramprastha Greens, Vaishali, Ghaziabad, 201010. Registry and possession was done in June 2011, an this apartment is fully occupied. But the builder is not applying for completion certificate, could you please suggest if RERA can in obtaining completion certificate for this apartment which is fully occupied and all the flats have been registered by GDA.
Please put mail us at rera@centrik.in
I purchased a plot in Wave hi-tech city NH24 Ghaziabad. I paid to builder :1) 95 % amount basic booking amount, 2) peripheral development charges and electrical substation charges. However complete development of project area are not done. Only balance amount is 5% of basic cost to get registry as well as physical possession of plot. Now the builder started asking electric meter connection, water connection, gas line connection wifi,club charges in addition to 5% basic amount. One thing for information is that Plot is neither physical possession taken nor registry is done. Club is also not constructed . WiFi also not there. builder is also asking maintenance charges along with maintenance charges .
The builder Wave City is asking unfair demand in different head. In case not paid they are pressurising us to pay it with penalty.
So you are requested to suggest me what to do now.
Dear Sir, If the demand by builder is not correct, then you can go for filing RERA Complaint against the builder. For more information, please mail us at rera@centrik.in
I have purchased a ready to move in flat in Noida, i have done full n final settlement with all dues cleared, i was told that i will get my flat within 45-60 days after full n final settlement but it ie getting delayed & i am not getting proper response from the builder, can you pls suggest what action can i take against this delay?
We can only advice when we know the facts, Please mail us the specific details at support@centrik.in
Sir, Purchased a shop in Newtech Shelters, Crossing Republic, Ghaziabad in 2011. Started construction in 2014 and completed in 2018 after 8 years of booking. They have not got Completion certificate but charging maintenance. Builder also asking for Registration and possession of shop. I do want to take possession and can I ask for refund because at present time there is no need of shop which I want in 2013-14. Please advice me. You are giving suitable advice to others also.
please send the facts at rera@centrik.in
Dear Sir,
I have purchased a retail shop in Lotus Broadwalk Sector-150, Noida around 1.5 years ago. They have taken initial payment and allotted the shop no. As the price in that area goes up, now builder is cancelling the project and asking to take the refund. They have malafied intentions to sell the project to the other builder or relaunch the project at a higher price after some time. I am not in favour to take my money back. I will take the shop as allotted by the builder. Please suggest, what are the legal steps I can take to protect myself from builder’s hooliganism?
Please put your complete query at support@centrik.in
Sir, I have booked one plot in Gaur Yamuna City through brokerage firm Squareyards through payment plan of 20:80. 20% payment shall be done within 45 days. I paid the 10% amount on booking. It was agreed that remaining 10% will be paid within 45 days. Cheque for same has been handed over to Squareyards. When I enquire regarding BBA with Gaursons they mailed me that the plot allotment has been cancelled and has been allotted to someone else. Please advise whether I can approach RERA for booked plot allotment.