Buying a home is often the biggest financial commitment many people make. However, the experience can turn stressful when builders delay possession, fail to deliver promised amenities, or stop responding to queries altogether.
When such disputes arise, the Real Estate Regulatory Authority (RERA) serves as the primary forum for grievance redressal. It allows an aggrieved person to file a complaint against a promoter, allottee, or real estate agent for alleged violations of the Act, rules, or regulations; such as delayed possession, poor construction quality, misleading advertisements, contract violations, or non-registration of a project.
Section 31 of the Act provides for filing of complaint by an aggrieved with the Regulatory Authority or Adjudicating Officer, as the case may be. The form and manner and the fees payable for filing the complaint are to be specified by Rules to be made by the appropriate Government.
Step-by-Step Process
Though the complaint filing procedure varies across states, the following steps are applicable to most of them:
- Identify the correct state portal based on where the property is located. You can also find the link to your state's RERA portal using the main RERA website.
- Register on the portal with your email and create a login ID and password.
- Go to the complaints section and fill in the details, which include complainant information, project RERA number, property information, respondent details, and a clear description of the grievance and relief sought.
- Pay the specified complaint fee and submit your application. It is important to note the complaint reference number for tracking.
- Track status online through the same portal.
Form M and Form N
Form M is filed directly with the RERA Authority and is used when a homebuyer wants to report a violation by a promoter or real estate agent. Form N, on the other hand, is to be utilized to file a complaint regarding any compensation-related matters, where a real estate promoter or a real estate agent is at fault, before the Adjudicating Officer.
State-Wise Differences in the Process
Some states require the complainant to submit the hard copy of the complaint to their respective RERA office. For example, Assam requires the complainant to deliver a copy of the set consisting of complaint in Form "M", registration form (Proforma B) and Annexures, Demand Draft of fees paid, detailed typed complaint, and self-declared and signed certificate.
Kerala RERA does not have provision for online filing of complaints. The complainant shall submit the complaint with sufficient number of copies required to be sent to the respondents along with supporting documents to the Authority by registered post or directly in person in the office of the Authority.
The authority typically processes the complaint and provides further instructions via the portal or other communication methods. This may involve notifications, schedules for hearings, requests for document submissions, or updates regarding the status of the complaint.
If a hearing is arranged, the complainant should prepare the relevant facts, supporting documents, and the specific relief being sought. The process then continues through the hearing until a decision is made. The ruling may mandate compliance, issue a refund, require corrections, or offer some other type of relief, based on the circumstances of the case.
