What is the procedure for filing a lawsuit in RERA court?

Suppose you bought a flat in a RERA-registered project and have yet to receive possession, rent, interest on delayed possession, or compensation. In that case, the builder may have made some illegal changes. You can file a complaint with the RERA if he has made such changes inside the flats without the allottee's consent.

If you still have issues understanding or going through the legal proceedings, then you can visit ParthaSaarathi to get help. It is mainly a law firm that provides legal advice and resolves disputes. Advocate Viraj Patil, the law firm's co-founder, and his capable team of paralegals and legal are among the best lawyer in Navi Mumbai.  

How to file an online complaint in RERA can be a source of confusion for many. What are the benefits, and what are the drawbacks?

We will go over all of the questions in detail in this article to understand them quickly.

DUE DILIGENCE IN LAW

You will receive all project documents from your builder if they are registered with the RERA portal. Among the papers are:

The start date of the construction is indicated on the Commencement Certificate.

• IOD

• Certificate of completion

• Certificate of occupation

• An approved layout

• Report on Advocate Title

• Documents about the progress of the project

• Other authorities' approvals

These details are crucial because they allow you to make an informed decision after reviewing these documents.

After reviewing these documents, you will be able to make an informed decision.

When can you file a RERA complaint?

 Suppose you have bought a flat in a RERA-registered project and have not received possession, rent, interest on delayed possession, or compensation because the builder has made some illegal alterations within the flats without the allottee's consent; you can file a complaint with the RERA.

Procedure for filing a RERA case:

You must register on the RERA website and create a profile by filling out all required information. After receiving your login credentials, you can file your complaint online by paying the required court fees, which in Maharashtra are Rs.5,000/- and may vary by state, and upload all necessary documents. The complaint should be straightforward, addressing the problem statement and the reliefs you seek to explain based on the facts and legal provisions. You will receive an email notification from the RERA official website once your complaint gets filed. After that, if your case gets scheduled for a hearing, you may receive another email notification with the hearing date and time. RERA's official website provides both parties a notice of the hearing, and the builder has the option of filing a reply with all necessary documents to back up his claims. The online hearing gets held in the presence of advocates, litigants, and the RERA adjudicating authority and moderator. The complainant should present his current case to the authority through his attorney and request that the requested reliefs be granted. The authority may allow the builder to file his reply and any additional documents until the hearing date, or it may go ahead and issue the final order. The authority's mandate is usually uploaded to the website within two days.

The documents you should upload with the complaint:

• An agreement that you have registered with the builder

• Emails and WhatsApp messages as a follow-up

• If Your lawyer has sent you a legal notice and if you received a reply notice from the builder's lawyer

• Receipts from the Post Office

• Receipt for a token amount

Note: Check the maximum Document File Size allowed in the state where the RERA complaint is filed, and if the documents are large, the compressor spills them before uploading them to the portal.

RERA provides the following benefits to buyers:

By signing a registered agreement with the builder, you are entitled to possession of the flat you have purchased.

If you live in a rented home, you can claim the rent when the builder promised you would have possession. When a buyer exits a project, RERA typically awards rent.

You have the right to ask for interest and compensation if your possession is delayed. If the buyer is willing to stay in the project, RERA usually awards interest from the date of delayed possession until occupancy.

If you're leaving the project, you will get a refund of the money you paid, plus rent, interest, and compensation. But, if you leave the project uploaded, you must carry out a registered cancellation deed with the builder. Ensure that the cancellation deed's timeline, as well as the builder's cooperation for a tax refund, are all included in the authority's final order. If the builder does not act tomorrow, you can carry out the order with more conviction.

Assume the builder has made any changes to the property without the required number of allottees' consent. In that case, you can either request that the previous position be restored or that you be reimbursed for any renovation costs that you may have to incur later.

Although it is the prerogative of the Society in which you reside, you may request Car Parking. It is illegal to purchase car parking from the builder because it falls under common areas. As a result, the RERA may deny the purchaser Car Parking. In the general body meeting, the Society must only make a policy to regulate car parking.

RERA's Decision:

You can expect a decision within sixty to ninety days after filing a complaint. However, due to a backlog of cases, it has recently been discovered that getting the first hearing can take up to 11-12 months. As a result, keep an eye out for hearing circulars that may be posted on the RERA website from time to time.

RERA's Disadvantages:

Do not believe that this is the end of the story. If the decision is in your favor, your builder can appeal to the RERA appellate tribunal. The builder will be required to deposit 30% of the first court's RERA decreed amount. Then he can go to the RERA Appellate Tribunal and file an appeal. If the builder is unhappy with the RERA Appellate Tribunal's decision, he can take his case to the High Court or even the Supreme Court.

The fee for filing a complaint under RERA is only Rs. 5000. However, exorbitant professional fees at all levels of the legal system, from the original tribunal to the highest courts, are always a source of concern. As a result, you must be aware that taking your case to the High Court or Supreme Court will cost you a significant amount of time and money.

The RERA court's implementation is also problematic. If all of the pieces of evidence support your claim, you can easily have the decree in your favor. The execution of the orders, on the other hand, can be time-consuming.

When the order arrives, the builder has 45 days to comply with it. If he does not comply, you have 60 days to file an execution application with RERA through the same online portal. Remember that the tab for order execution opens after the time limit has expired. Suppose you apply for an attachment of the builder's property or demand an arrest due to non-compliance with the original order during the execution proceedings. In that case, the matter gets transferred to Civil Court for execution proceedings. It will eventually become time-consuming.

In terms of time and money, the builder has the advantage of this appeal mechanism and other technical nitty-gritty and avoids providing the complainant with his deliverables. As a result, all of these considerations must be kept in mind when planning a RERA litigation strategy.

So, what's the plan?

Suppose the matter becomes time-consuming in the RERA or Civil Court. In that case, you have the option of applying with the District Collector, informing him of the situation and the financial consequences of the delay, and asking for directions from the executing authority to complete the execution proceedings promptly.

If this does not work, you can file a writ petition for mandamus in the High Court, requesting that the executing court provide you with a proper decision and relief within a specific time frame.

Aside from RERA, the buyer has a good remedy before the Consumer Forum, which has a relatively strong execution mechanism, and the NCLT, for recovering dues from the builder company. You can also file a police report with the police station in your jurisdiction for prompt action. You can put your builder under pressure if many people with a similar problem approach different authorities at the same time. In this case, your builder may ask you to negotiate a solution, which could be a win-win situation for both of you.