Who can file Complaint in RERA?

The Real Estate (Regulation and Development) Act, 2016 (RERA) is a landmark legislation that aims to regulate the real estate sector in India and protect the interests of homebuyers. The Act provides for the establishment of Real Estate Regulatory Authorities (RERAs) in each state and union territory, which are responsible for regulating and promoting the real estate sector in their respective jurisdictions.

Also Read: RERA: A Legal Remedy for Societies and Flat Buyers to Tackle Real Estate Challenges

One of the key provisions of the Act is the mechanism for the settlement of disputes between the parties involved in a real estate project. Section 31 of the Act provides for various ways to resolve disputes, including adjudication by an Adjudicating Officer, appeals to the Real Estate Appellate Tribunal, mediation, and arbitration. However, before a dispute can be settled through any of these means, a complaint must be filed before the RERA.

As per Section 31 of RERA, any aggrieved person can file a complaint before the RERA.  The term “person” has been defined under the Act to include individuals, Hindu Undivided Families, companies, partnership firms, Limited Liability Partnerships (LLPs), competent authorities, associations of persons or bodies of individuals, whether incorporated or not, and co-operative societies.

This means that a wide range of entities can file a complaint before the RERA if they are aggrieved by any act or omission of a promoter, allottee or any other person involved in a real estate project. For example, an individual homebuyer who has not received possession of their flat within the stipulated time can file a complaint before the RERA. Similarly, a co-operative society comprising of flat owners can file a complaint against a builder on behalf of the flat holders.

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It is important to note that the complaint should pertain to a matter that affects the interest of the person or entity filing the complaint. it is advisable to consult a legal expert or a consumer forum for guidance on the procedures and requirements for filing a complaint before the RERA.

In conclusion, the RERA provides a comprehensive framework for regulating the real estate sector and protecting the interests of homebuyers. The provision allowing any aggrieved person to file a complaint before the RERA is a significant step towards ensuring accountability and transparency in the real estate sector. It is important for all stakeholders to be aware of their rights and responsibilities under the Act to ensure a fair and equitable resolution of disputes.

 Also Read: The Impact of RERA on Transparency, Accountability, and Timeliness in the Indian Real Estate Sector