Indian Constitution, by way of the 44th amendment, switched the right to property from a fundamental right to a constitutional legal right under Article 300A, in the year 1978. The Indian constitution, the supreme law of the land, has recognized the right to the property since its inception but builders still haven’t recognized it. It suffices to say this as there are umpteen number cases where the builders have done wrong to the people by collecting installments money but has not delivered the possession.
To combat these umpteen cases relating to the real estate sector and bring some relief to the heavy workload of the civil courts of India, the Indian legislature enacted Real Estate Law in the year 2017. Real Estate Act (Regulations & Development), 2016 protects the real estate commercial and residential subdivisions.
In the real estate sector, RERA Act aims to protect the interests and rights of the consumers and to promote uniformity and standardization of business practices and transactions. It imposes duties on both buyers as well as promoters to balance out the interest and establish symmetry of information between promoter and buyer. A buyer can file a complaint to RERA against any builder, agent, or developer if the rights of the buyer are violated, contravening the provisions of the Act. RERA (Real Estate Regulatory Authority) was formed to protect the homebuyers from the perils of Real Estate Developers.
RERA is established in each state working as a regulation of the real estate sector and as an adjudicating body for the purpose of speedy dispute redressal. Every promoter and agent, according to this act, shall submit and register the approval and future plans relating to the project. States must implement RERA and create a portal for the promoters and buyers and agents for the transparency and submission of complaints about any grievances.
Real Estate Regulatory Authority, under the ambit of Section 31 of the Act, provides for the provision of filing of the complaint. It states that any person aggrieved in the real estate sector may file a complaint on his own, or through an authorized representative which may be a lawyer, chartered accountant, or a company secretary. Section 31 shall be read with section 18 of the Act, which provides with a right that such a grieving party seeks from the complaint filed under section 31. It states only two major reliefs, one being the refund of the amount paid along with the interest and the other is to provide with possession along with the delayed interest. RERA is a state authority.
The state has been provided with the luxury to mend the rules and laws relating to the Real Estate Regulatory Authority. Each state has different rules and processes that are described in its rules and regulations published in the official gazette. Any person filing the complaint must look into the rules and regulations of the particular state in which the complaint is being filed. For example, the jurisdiction of Haryana is divided in two major benches i.e. of Gurugram and Panchkula. A person pursuing to file a complaint shall find out its bench of jurisdiction and then shall file an online complaint at the portal of the respective bench following a detailed physical copy of the complaint at the complaint desk of the concerned authority. The described rules and regulations of the concerned state lay down all the information regarding how many copies to be submitted, whether or not to send copies to the respondent, all about the process, and whatever there is to know about the complaint and the procedure of RERA.
The procedure may seem tedious to the aggrieved but it is detailed only to ensure speedy redressal. The first step on the path of justice is the efficient filing of the case. If a complaint is filed efficiently, justice is then not that far.