Before the enforcement of RERA Act, 2016, there was no strong, easy-disposal and cost effective Law in the real estate sector for controlling, supervising and monitoring the Developers and Real estate agents resultant decreeing the investment ration in the Real Estate Sector.
Considering this situation, The Government of India came with a law known as Real Estate (Regulation and Development) Act, 2016 which provides strength and protection to the innocent home buyers and also to boost the investment in the real estate sector.
Presently, any aggrieved person may file an online RERA complaint with RERA Authority against the Builder/Agent as the case may be u/s 31 of RERA Act, 2016.
Under UP RERA, Two RERA authorities have been set to dispose the RERA Complaints and resolve the matters. Out of which one is situated in Gautam Buddha Nagar for NCR and other one is situated in Lucknow for other than NCR.
Under the RERA Act, an allottee can file a RERA complaint against the Builder/developers/ real estate agent at any point of time as Limitation act, doesn’t apply on RERA Act, 2016.
Every application/complaint shall be accompanied by a fee of Rs. 1000/- (Rupees One Thousand Only) in favour of the Authority for filling a RERA complaint with RERA Authority.
The UP-RERA Authority has developed a user friendly online mechanism for dealing of complaints registered with RERA Authority. Any aggrieved person may file an online complaint on the UP RERA portal through filling in Form – M as prescribed by the RERA Authority.
It is always advisable to draft your complaint covering legal provision of the RERA Act, 2016 more particularly section 18 of RERA Act, 2016
The complainant is required to upload all documents on the RERA Portal. Therefore, it is required to scan the all documents like 1) Application form 2) Allotment Letter 3) Builder Buyer Agreement 4) Payment Receipts 5) Correspondence made with Developers 6) Site Photo etc. in pdf format.
Register on UP RERA Portal by click on Log in → E-COURT LOG IN/ SIGN UP
Fill the complete application form, attached all supportive documents and submit the application
Once application is submitted, please proceed for challan payment of Rs. 1,000/- for successfully registration of RERA Complaint online.
Information and Documents needed for filing the RERA Complaint online:
Yes, any aggrieved person can file an online RERA complaint on the UP RERA Portal with Authority only after payment of registration fees.
Any person who has deposited the advance amount to the builder and aggrieved by the false statement, misrepresentation and incorrect particulars contained in prospectus issued by the real estate company/builder/developers.
The complainant is required to pay Rs. 1,000/- for filling the online complaint with UP RERA.
As per RERA act, 2016, if builder is charging for increasing in the Carpet area without prior intimation or against the BBA, you can file the complaint with RERA Authority.
Yes, as per Section 18 of the RERA Act, 2016, if builder is not offering possession within the agreed time, you may file the complaint with RERA authority seeking for possession along with delay penalty.
You should file the case with UP RERA as registry as well as sale of the unit is not possible if builder doesn’t get occupancy certificate. As per RERA Act, 2016, the builder can’t offer the possession without obtaining the Occupancy Certificate.
Yes, you should file the complaint with RERA authority immediately as the builder is making violation of BBA.
The builder can’t cancel your flat without any notice as well as such cancellation can be challenged with RERA Authority
Yes, As per RERA Act, 2016, it is duty of the developer to arrange the necessary documents to the allottee for Home Loan
Presently, UP RERA doesn’t entertain such complaints which are already filed with Consumer Court. It was observed in no of cases that UP RERA advised to withdraw the complaint from consumer court for proceeding with UP RERA. Accordingly, it’s always advisable to file Complaint with UP RERA if not filed or withdrawn from other courts.
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