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.
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
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
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
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 firstname.lastname@example.org 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