Home ownership in India has always been a big dream. To realize this long-cherished dream, a home buyer may either acquire the property through a home loan (or) invest huge sums of money in the property, in most of the cases this can be his/her life-long savings.
Thanks to no proper regulations in the real estate sector and no proper grievance redressal mechanism in place, the dream of the average middle class family to own a home, has of late become a nightmare. Home Buyers in India have always been at the receiving end of innumerable malpractices at the hands of many real estate builders or promoters.
The biggest investment of ones lifetime is more often than not either compromised with or ends up in the legal battle. The number of cases in the consumer courts by aggrieved home buyers has skyrocketed of late.
“A Home buyer in India is often left alone at the mercy of the builders.”
Delayed possession, default on design and construction parameters, mismatch of space in the guise of floor area & carpet area, the list of woes for home buyers seems to be endless.
With the introduction of RERA act, looks like things are slowly changing for the good.
Though it is too early to call RERA Act a success, but the recent verdicts given by the RERA authorities, may make home-buyers something to cheer about!
(Click on the above image to read the full article – Source : ET Realty)
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has recently asked a builder in Mumbai to return an advance amount of Rs 26.15 lakh to a consumer, this is the first such order since the real estate law came into effect in the state (Maharashtra) on May 1.
As per the RERA authority, the complainant (Home buyer) had booked the flat in 2012-13 and was assured by the developer that the project would be completed in 2016. As the building has not yet been completed, the property buyer filed a complaint through Maharashtra RERA portal and got the verdict in his/her favor.
One more aggrieved home buyer (an elderly women) has approached the RERA authority and got the verdict in her favor.
(Click on the above image to read the full article – Source : ET Realty)
As per the complaint received by the authority, the property buyer had booked a Flat worth Rs 53 lakh in Feb 2013, and till march 2016, she had made payments to the tune of around Rs 40 lakh. For the last 10 months or so, the builder has been postponing the registration of flat in her name.
Hence, she filed her complaint with RERA and the builder has now completed the registration, following the directives of the RERA bench.
These are definitely good signs for Indian property buyers and the real-estate industry as a whole!
How to file Complaints against errant Property Builders online under RERA Act?
Although RERA is a central law, its implementation will depend on state governments, as real estate is a state subject.
Most of the states have now notified their own versions of RERA Act and have been implementing the enacted laws. Some of the states like Maharashtra and Karnataka have already launched their respective RERA portals for the benefit of all stake holders i.e., Real estate builders, Property Agents and Home buyers.
Below is the online procedure to file complaints against errant builders / promoters. I have provided the screenshots of two RERA portals – Maharashtra’s and Karnataka’s….
Maharashtra Real Estate Regulatory Authority Portal
The authority has so far received more than 98 complaints through its online RERA portal.
- To file a complaint against an errant property builder in Maharashtra, visit MahaRERA portal.
- Click on ‘Online Application‘ Menu option.
- Kindly register yourself by clicking ‘new registration‘ link.
- After creating your login credentials, login to your account and provide your personal & contact details, under ‘Account‘ option.
- Click on ‘Add new complaints‘ under ‘Complaint details’ and provide complete details of your complaint.
- Click on ‘Payment‘ option to pay fee online to RERA. As of now, the complainant has to pay a fee of Rs 5,000 to file a complaint under Maharashtra RERA Act. The mode of payment is NEFT or RTGS System or any other digital transaction mode. (A complainant can also file complaint offline at MAHARERA Desk in “ FORM A” provided by MAHARERA.)
- Once you submit the complaint, both the parties – builder & home buyer (complainant) would receive the notices from the authority to present their views. Based on this, the authority will award the verdict.
- In case, you are not satisfied with the decision made by RERA or its officer, you may file an appeal before the RERA Appellate Tribunal within a period of 60 days. From the date of the decision made by Appellate Tribunal, a person can also file an appeal to High Court within 60 days.
Karnataka Real Estate Regulatory Authority
Below is the online procedure to submit complaints to RERA in Karnataka ;
- Kindly visit Karnataka RERA portal
- To register your complaint, click on ‘Complaint Registration‘ link in the home page
- Kindly complete the ‘complaint registration form‘, provide your contact details, Address and also of Builder’s.
- You have to provide details of the complaint in the form. If required, you can also request for an ‘interim order’. You can upload any supporting and relevant documents to justify your case.
- You have to pay the applicable fee of Rs 1,000 online.
- Check the declarations and ‘submit’ your complaint online.
All this may look impressive and beneficial to real estate property buyers, but the main contentious issue for the builders has been ‘the inclusion of on-going (under-construction properties) projects under the RERA Act’.
The various associations of builders across the nation have been challenging the law, particularly sections that put old projects — started before the RERA law was passed and are yet to be completed, under the ambit of the regulator. They have approached the various state High-courts and also the Supreme court, awaiting for the judgement. (As per the builders, Section 3 of the RERA Act, which says ongoing projects must be registered, is applied retrospectively and therefore violates their constitutional safeguards.)
Let’s hope that a well balanced RERA Act is beneficial and ensures a level-playing field for all the stake holders of the real estate industry.
Continue reading : ‘Real Estate Regulations & Development Act (RERA) : Key points & Review‘
(Image courtesy of Stuart Miles at FreeDigitalPhotos.net) (Post published on : 08-September-2017)
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Dear sir,
My name is Pavan madheshiya I had purchased a flat in sector 8(b) plot no 126,in ulwe navi Mumbai. we have purchased of flat of 600 sq feet at the rate of 4000 rps/ sq feet.
Project started in 2016 we have paid 20% amount. After one every year 15% amount for four years. Now loan is also got sanction for remaining amount of 40%.
There is no agreement formed in 2016 at the time of booking only payment receipt, flat no , on builders letter head
Now building is also ready…he is not ready for sale agreement
Shall we complain on rera please advice
Dear Pavan,
Are you referring to Sale agreement or Sale deed registration?
Related article : Property Sale Agreement Vs Sale Deed Vs Property Mutation | Differences & Importance
Dear
Sreekanth
Payment done in cheque mode in the name of shristi raj developers.
Proof:
1.cheque
2. Builders letter head clearly mentioned chq no and against flat no
3. Builders challan of payment
Maharera no P51800002790
7 slabs has been completed in last 1 year
Builder is giving as 7% in more than 10 year i.e ( 40 lakhs of our 20 lakhs)
Which is not at one time in part and in 6 months time
So What shall we do now..
Thank you
Dear Rahul,
You may approach RERA.. suggest you to contact other Flat owners who are in the same situation like you, form as a group and submit a complaint, can consult a civil lawyer as well in this regard..
Dear Sir,
My name Rahul, from mumbai, tilak nagar
Shristi developers
We have purchased a flat of 1500sq at the rate of 4400 Rs./sq feet (built up) in sept 2009. And paid 30% at time of pre launch.
Project started in 2019 and from then builder has hiked the rate to 23000 Rs/sq ft (on carpet) stating that all price have increased from 2009.
There is no agreement formed in 2009 at the time of booking, only payment recipt and flat no, on builder letter head.
Shall we complaint online on RERA also plz tell response time of rera against complaint
Appreciate your advice
Dear Rahul,
Is the project registered under RERA now?
Did you make the payment in non-cash mode? (any proof)
Can the builder become the Secretary of the Society if he has couple of flats under his occupancy and can he run a restaurant without any permission from society.Our builder has also sold car parks to the tune of 10 lacs per person interested and no slots alloted free.Is it right? Also he has made a transition from commercial to residential building which is 15 years old and sold us flats but he’s not paid property taX to the tune of 62 lakhs to the bmc also after registering the society
Dear Smita,
I believe that he/she (builder) can become the Secretary based on the majority of the members decision or based on Agreement.
Suggest you to form as a group and submit an online complaint to the RERA. You may also consult and take help of a civil lawyer..
Hi, My name is Murtuza I have invested in V Lifespaces & Infra Developers project in Bhayander West Uttan, project and paid 2.50 lakh as initial booking amount, project got delayed and i ask builder for cancellation, it tooks 5 month for cancellation and after that he gave me 4 cheques of 50000 each after deduction 50000 as earnest amount, his first cheque got bounced and every day he is giving new excuses. please advice what step i can take against such builder where he can not cheat other investor. or can i complain against him in RERA.
Dear Murtuza .. Suggest you to kindly go ahead and submit your complaint through RERA portal immediately.
WILL I GET ANY REPLY FROM RERA.
builder opened a pre launch project where it was told project will be completed by 2019 but that project it yet started yet, will this can be filled case against rera
Dear Subash ..I believe, you can file your compliant ..
I have brought a plot in Nov 2014 and have built a house in a layout VSG Nature Valley. Till date I do not have electricity or water connection. Had been on temp electricity which cannot be renewed now as 2 years elapsed. The builder is not at all responding to calls. This isnsuppisesly a BMRDA approved layout. He closed his office. BESCOM is not ready to give permanent power to this “abandoned layout”. Is there hope?
Dear Prejish,
It is very tough to advise on this matter without looking into the documents.
May I know what is the reason for not getting electricity supply for this layout though it is an approved layout?
Has residents society been formed?
Dear Sreekanth,
Our developer seems to have not paid some deposits etc. (I don’t know if it is bribe) to Bescom, maybe the reason why power connection is not activated for the layout. The builder says power cannot be provided it there are less than 10 houses in the layout. Mine is the only house in this layout.
Dear Prejish,
It can be ‘caution deposit’ for permanent connection.
If it is possible, kindly contact other flat owners and pool the required monies..
I believe that this issue can be solved with collective effort. You may also try visiting Bescom office and inquire about the charges and other formalities.
I filed a complaint against builder for delay and applied for refund in Dec 2017, under UP RERA. The first hearing happened on 08/Feb/2018. The builder didn’t arrive or sent his representative. The next date has been fixed as mid march. Now, I’ve received a letter today from builder, forcing me to pay the outstanding demand or else the unit shall be cancelled. neither he has bothered to respond to UP RERA notices, nor he seems to be moved by the RERA court, considering the project is registered with UP RERA.
I don’t know what to do now. Should I believe, that UPRERA would help me with this mess or not. So far, I don’t see that UPRERA has been able to get the builder to come for talks, so is it not a white wash for the builders to use RERA only to declare that they are RERA complaint, but hardly give a damn if there is a complaint/grievance?
Yet to see some good decisions and justice served for real estate in UP.
Dear Sharad,
Sad to know that some builders are not even bothered to respect the law of land.
Suggest you to escalate this matter with RERA, kindly do not lose the hope.
NO CONSTRUCTION 3 YEARS GONE, I BOOKED 2 SHOPS WITH A BUILDER (HE PROMISED POSSESSION IN MARCH 2018, AND asked the PRICE OF 6 LAKH WHICH IS 50% BY EMAIL ) THE BALANCE 50% TO BE PAID IN MARCH 2018 ON POSSESSION, CONTRACT IS NOT SIGNED BY BUILDER, HE IS NOT REGISTERED IN RERA, Agreement has arbitration clause, NOW WHAT IS REMEDY AND WHAT ARE THE DAMAGES I CAN GET
Dear sonjoy,
It is very tough to advise on this matter without actually going through the Agreement docs, suggest you to kindly consult a Civil Lawyer.
Hi, Sreenath
Hope you you will suggest me on below.
On march 23rd 2017 I made a down payment of Rs.2Lac. On that day we decided to pay partially (Without Registration). But after realize that this project is not approved from MAHARERA I had stoped another payment. And from last 3 months i am asking builder to refund the total amount and hence last week he gave me Rs. 2lac cheque along with 12k interest on another cheque. from that day he pushing me to do not deposite cheques as MAHARERA Registration comes to end.
Please tell me should i deposites cheques or wait for more time. And if cheques gois dishounered then what stepd i can take against builder.
Thanks \
Akhtar
Dear Akhtar,
How trustworthy is the builder?
If they have other on-going projects, you may just check if they are registered under RERA or not?
Also, yo may try identifying any other property based on your requirements in some other project/venture.
As cheque validity is 3 months, you may wait for one more month and then decide to encash the cheques, if RERA approval does not come.
I had purchased Flat no.403 & open parking in Building Tricity Pride, Sec-9, Ulwe, Navi Mumbai from Builders: Tricity Realtors RPLK, Bhumi Costarica, Sanpada, Navi Mumbai. The builder has allotted me parking on a slope just at entrance of building which is unusable to me as it will damage self & society members vehicle while entering/exiting from building gate.I have taken up the matter with builder since last 1 year on phone & e-mail but he is telling me to take back my 1 lac which i had paid for parking. I work in merchant navy & will be back in India by Feb 2018 last week. I have given Power of attorney to my wife for this Flat. Kindly advise what can be done by me without being physically present in India as Society formation is about to complete & later builder will wash off his hands saying that now he has no hold of property. Kindly advise at earliest.
Dear Mohmed,
I am not sure if RERA can help you in this regard.
You may kindly check with a local civil lawyer on how to resolve this issue.
Dear Sir,
I booked a flat in bangalore in July 2016 with a aggrement that it will get finished by March 2017. After that they will give penalty of RS.8 per square foot per month.But they delayed the project and now saying will go for registration in March 2018. And even not paying penalty. And by seeing working going I don’t think even it will get finish by March 2018.
Also they are demanding now more money on completion of final floor and internal plastering finishes.
What should I do?
Dear Kumar..You may kindly submit your complaint through KA RERA portal.
Hi sir Gud daysir ,I booked flate through urbainia space Pvt Ltd for project of grid 1 and I gave cash amount around 18lakh and builder gave us 29 Lakh plus post date cheque but now builder not giving us flate in same project , now we requested builder give back our money n we file a case against him but still Nathing happen pls guide us
Note : can we deposite post date cheque which they gave us ,if we do n cheque get bounced what else we can do as it’s our hard work saving pls guide us
Regards
Amarjeet
jobkbs.123@gmail.com
Dear Amarjeet.. Did you file complaint through RERA portal?
Riyaz Sohale says:
January 11, 2018 at 2:39 am
I had purchased a flat in 2010 with Phatak builders at Mysore Karnataka State, the project was approved by HDFC Ltd, as I was provided loan. Initial Sale Agreement was done and part by payment was done to the builder through the bank through various stage of construction and complete payment of Rs 33 Lakhs is done. I have paid full amount . As per the sale agreement , the builder was about to deliver the flat within 3 years, till now it has the flat has not been delivered to me. The Sale agreement has not been registered in my name.
recently he has sold my flat and registered to another person.
I have also approached state consumer forum and a case has been registered against him, also police complaint on cheating has been filed.
The project is under Rera investigation.
Can I file a complaint with Rera , so that I can get my hard earned money.
Please help me in this Regard.
Dear Riyaz,
Yes, suggest you to file a complaint in RERA as well from your side.
All the best and justice will be done in your favor!
Thank You very much Dear Sreekanth
Thank you Sreekanth for the information you have provided in the article, and advise to folks seeking relief through RERA. Do you have or know of a forum/blog where folks have gone through the RERA complaint process, whether they were satisfied with the outcome of the verdict, and if there has been a closure (builder followed through with the RERA order)? Is there somewhere folks can share/have shared their experiences?
I have recently filed a complaint with MahaRERA for compensation for a property that has been delayed possession by the builder for over 4 years in Pune. I am wondering what to expect from filing the complaint, and if the builder will even comply with the RERA verdict.
Thanks again for a very informative blog.
Dear Navin,
As this is a new facility/development, I have very limited information on the requested links.
If a builder does not comply with RERA authority verdict, one can move to a higher court for the judgement.
I m from naigaon east. I buy property in same area in 2015 .registration has been done. N entire amount i hand over to builder. Now possession is 2yrs late. N now i found that builder submited false commencement certificate ( c.c.) . Thru r.t.i. i came to know this blunder. Now i want my entire amount back with bank interest…. which way i can go ? What to do ?
People plz answer me.
Harsh
9049043280.
Dear Harsh.. Suggest you to consult a civil lawyer and check out the possibilities of taking legal action against the builder.
I had booked a flat of 795 sqft on 2nd floor in pre launch offer in 2015 with a reputed builder. Later d builder started selling flats without floor rise n Plc. and also introduced terrace flats. So I requested for an upgrade which d builder initially denied.. After reaching out to higher authorities I was alloted a flat of 845 sqft on 18th floor with terrace in 2016. The only difference between the 2flats was a 50sqft terrace. However since I had booked as per earlier plan he still took floor rise n Plc from me as per current market price for the increased area which I paid. In Oct 2017 we got a call mentioning Rera has not approved the terrace so I will only get flowerbed. When I asked for a refund of the additional amount I paid for terrace the builder said there will be no refund as the carpet area will be same (same as my previous flat on. 2nd floor). When reached out to their Crm team the AVP said you have signed agreement of carpet area n not saleable area. Now he says that there will be no flower bed as well. When I asked for a revised layout plan d builder is denying that saying it is against company policy to send over email n I can take it from Rera website. My problem is till date there is no official communication from them informing of the changes n everything is verbal where I get to know of new changes every time I speak to them. I am afraid this way there will be major changes till the time I get the flat. When asked for a refund as d flat is no longer meeting my requirements d builder says I will get my money without any interest while he is charging 24% for any delayed payments. It’s been 2 years that I invested my money in this project. Can I register a complaint with Rera for a flat booked in pre launch before it was registered with them
Dear Sujata,
When is the planned construction completion date?
For which flat you have done formal agreement with them?
The completion date is Dec 2020. I have just been given allotment letter for the 18th floor flat. So far registered agreement is not done as the builder just started the construction. We recently received the first demand letter and that’s when we came to know about these changes.
Dear Sujata .. If agreement is not done, it can be a tough task to file a complaint (also based on the given info).
You may kindly consult a civil lawyer.
After repeated emails (threatening the builder to file a complaint in RERA) and phone calls I finally managed to get the 20% amount I paid for the pre-launch flat in June 2015. As mentioned earlier the onset of construction delayed but the builder was still on track to provide possession by Dec 2020. The reason for me cancelling the booking was the drastic changes to the plan which were not communicated. Their team said its against their policy to share layout plans on email while they shared the same over an email when I posed as a different customer. This is because they did not want me to have a proof of plan changes. (I have recorded telephonic conversations where their staff has agreed on the changes and said this is not due to RERA coming in but their own architects changed the plan) Also on all of my email communications, I have asked for interest on the amount paid while requesting refund. Their team tried to give us other options that were still not matching our requirements and also at an extra cost. Finally while giving refund, they made us sign a document mentioning we are providing refund as mentioned on your email dated XXX asking refund without interest. Before signing, I did call up their AVP and asked the reason why they are making me sign on this clause as I have not mentioned with out interest. She said this is to avoid issues for them as customers take refund and later on file a case claiming interest. I did counter question her informing even otherwise I can file a complaint as my email does not mention without interest. Please let me know whether I can now file a RERA complaint claiming interest for all these years. While I donot have a agreement signed, I have several email communications, allocation letter and payment receipts. There are many lapses from the builder which are clearly called out on all of my email communications.
Dear Sujata ..Suggest you to kindly go ahead and file a complaint. You will get the refund with interest (as penalty) from the builder.
Thanks for the guidance. One last query…Is there any negative consequence on customer if RERA gives a decision in favour of the developer (such as penalties). Asking this question here as the developer’s VP has indirectly hinted another buyer that many customers have gone to RERA in the past..as a customer you can afford to spend just few hours on your lawyers and we have lawyers dedicated to handle such issues.
Dear Sujata,
They be just scaring you (the buyers) or may be they dont want the customers to approach RERA.
If the issue is genuine, kindly file a compliant, justice will be prevailed.
Dear SIR,
i have booked a flat in a project ECO-VILLAGE 2, of super-tech builder in GREATER NOIDA in Dec. 2012. the builder promised me in writing that they deliver the project in JAN. 2015 AND TOOK THE 95% amount. Now after the lapse of nearly 3 years he has not delivered the project. when i went to the project site physically Isaw that he may not ne able to deliver my project in 1 years time from now. what should I DO, kindly suggest.
AMITOSH DUBEY
Dear Amitosh..You may lodge your complaint through RERA (UP) authority.
I have booked the flat in Sep 2014, that time builder showed us different floor plan and Committed delivery by end of 2016. Later they have changed the floor plan and reduced the few amenities what they offered us at the time of booking and they didn’t inform us about all these changes.
I signed the sale agreement in march 2016 as Paranjape told us there is some issue with his partner to get signed off the Sale deed agreement after my 20% down payment ( in Dec 2014) and later in march 2016, Paranjape sorted out his issue with his Partner and we signed the sale deed in March 2016. When I went to sign the sale agreement in March 2016, I get to know that, these people change the floor plan and reduce the few amenities what they committed to us. I also dropped email to Chairman Mr. Shashank Paranjape and Shrikant Paranjape regarding this changes in amenities and floor plan.
I also clearly mentioned in my Email, I have old brochure of the Project – Earlier floor plan was different and each bedroom had its own bathroom. Later this plan is also changed, when I saw new brochure that time I got to know they change the floor plan. Still I was ok at that time. I thought Paranjape is having its own brand and may be because of some reason they change the plan. I didn’t complain that time as well.
They never informed me about plan changes and amenities, when I asked them to show me any email copy or any communication from your side mentioning that you informed me about changes in Plan and in amenities. They are keep showing my email to me every time, and I am asking them to show any kind of communication from your side before 21 March 2016 which is saying that plan has changed and this is for your information.
Last month in November 2017 I again visited to my flat to see the progress, I realized Master bedroom is extremely small (9.4”x13.8”) as compare to what they showed on 2014 at the booking time (13”x10.2”)
I raised this concern to Vivek Somani- Sales Manager, Shuklendu Katdare- Zonal Manager and then they said why you don’t look for 3 BHK in project (That to with extra price) as you’re not happy with house dimension. Also I got to know that other people (those who booked 2 BHK) also complaining the same.
Today dated 7th dec 2017 I visited the site for physical measurement of my flat, I was totally shocked after seeing the measurement. There is absolutely no match of dimension what he showed in his 2016 brochure and 2017 RERA brochure. Around 100+ sqft is missing in physical calculation (Site visit calculation) and as per his brochure. (Both Brochure)
Actual Site dimension (after visiting the site is as below)
1. Carpet Area – 662 Sqft (As per brochure – 763 Sqft)
2. Balcony area- 103 sqft
3. Utility area – 51 sqft
4. Total Carpet area – 817 Sqft (Calculated after Physical site visit) – As per brochure- 910
As per Paranjape old brochure (as Square feet dimension brochure, His dimension is below (Below dimension is not matching with actual site dimension)
1. Carpet Area – 763.48 sqft
2. Balcony Area – 94.93 sqft
3. Utility area – 51.45 sqft
4. Total Carpet Area – 909.86 sqft (In Sale agreement Paranjape mentioned – 912 sqft, here also you can see 2.14 sqft difference)
Now as per New Paranjape brochure for RERA (as Square meter dimension brochure, His dimension is below (Below dimension is not matching with actual site dimension)
1. Carpet Area – 74.37 Sqmt (But at actual as per his floor plan 66.245 Sqmt)
2. Balcony area – 9.67 Sqmt (But at actual as per is floor plan 8.917 Sqmt)
3. Utility area – 4.84 Sqmt (But at actual as per his floor plan 4.756)
4. Total Carpet area – 88.88 Sqmt (956 Sqft) (But at actual as per his floor plan 79.911 Sqmt)
Here question is same plan with different dimension, how it is possible? – As per 2016 changed plan his total carpet area is – 909.86 sqft and as per RERA plan his carpet area is 956 sqft.
And actual site physical verification total carpet area dimension is 817 sqft only.
Every time this builder is changing the plan without informing to his customer. Now I told Paranjape to cancel this deal as you didn’t deliver what you promised us in 2014. So, Paranjape asking me to pay 5% cancellation charges (Why should I pay those charges as its purely his concern as he is not able to deliver to us what he showed) + Whatever tax I paid to government from 2014 till date (refused to refund those taxes.) + Whatever Payment done through loan account, he will pay that amount in 3 installments, whereas bank asking 1-time payment to close this loan.
I already logged the complaint in RERA. So, would like to know How much time will RERA take to send notice to Builder and once case is stand up what is the process. How I’ll get to know that builder got the notice? What action has taken by RERA team on complaint? How RERA team will give me update on my case?
Dear Kunal,
Thank you for sharing your real-life experience in a detailed way. Can understand your agony!
Both of you will get the notice (updates) from RERA authority. They will hear from both of you and go through the documentary evident that has been submitted to them and will take appropriate action.
If you the judgement is in your favor, they may ask refund of your money (if required) with penal interest. They may also levy penalty to builder for false promises.
I have noticed the parties getting response from RERA within 30 days.
Is your case resolved. I too have a similar issue and wondering if filing a case with RERA will help.
Dear Sir,
I booked a flat in Bangalore in March 2015 and as per Sale Deed it was suppose to be completed in Feb 2016. I registered my flat in April 2017 and moved in on July 2017 with all temporary basic facilities(Water, Drainage & Electricity) as it was impossible for me to pay EMI’s & sometime live in rented house. Now Building is under temporary power connection. Builder & Sales people have stopped responding to our calls, workers have vacated the as salaries where not paid. When we visited builders office new sales guy was available and got to know that builder has not paid property tax and also not payed for permanent electric connection as all the flats are not sold. Till date i have not got OC or Completion certificate from builder Can we file complaint in RERA asking compensation for delay and failed promises or do we need to file a civil case against the builder. PLEASE SUGGEST.
With Regards,
Ganesh R
Dear Ganesh,
I believe you can file a complaint and you should considering the scenario.
Form as a group with other Flat owners, file a complaint through RERA and also consult a Civil lawyer to file a civil suit against the builder.
dear sir
I have buy one plot with Gaur sons group that is (Gaur yamuna city) by giving a small token amount of rs 51000. In june2017
I was supposed to give 50% till August 2017 and 50% by June 2018.
But now the builder has sent the offer possession and asking the 100% money instead of 50 % in the month of June 2018.
They are saying that it’s their call to ask the payment pre pone.
Shall I make the rera complain against the same. However agreement has not yet been signed by me.
Thanks
Rupesh keshari
7042297956
Dear Rupesh,
“I was supposed to give 50% till August 2017 and 50% by June 2018.” Do you have any agreement written which has this condition??
Did you pay 50% amount by Aug 2017?
Dear sir
I booked a Flate in jaipur on 3-9-17 with 50000rs chq , till now I don’t receive any allotment of my Flate , so today I finally decided to cancel my Flate and refund to money but builder said that 20% amount will be deducted from your registration fees, it’s wrong bcoz during registration time the condition is that if u cancelled your Flate before allotment then your money will be refunded without deduction and its all written in a registration form .
I told him about this then he said rule changed now ,
So sir plz tell me what I wanna do .
Dear Monu,
You may let him know that you are approaching RERA, I am sure he will return you the amount.
If not, you may file a complaint online through your state RERA portal.
Hi Sreekanth,
I had booked a flat in Navi Mumbai in 2011 and I should have got possession in 2013. I have paid up 90% of the cost to the builder. The building structure is complete, but till now he is delaying obtaining the OC. Whenever I have spoken to him about possession, he says that I can take possession and move in without OC. Since that is illegal, I have refused to do so. Since last one year, he does not take my calls nor does he meet with me at his office (he fixes a meeting and does not show up).
Therefore, I am thinking of complaining on the RERA website. On the site, it is asking to give a concise statement of facts and grounds of complaint. And also to upload the documents. I am not familiar with legal wordings and therefore, need your help with this. Also what documents need to be uploaded? I wish to seek compensation from him for delaying the project OC for over 4 years. On relief sought, it says specify the relief sought and explain the grounds of relief and legal provisions relied upon. Can you help with this. Thank you.
Dear Ramakrishnan,
Suggest you to kindly take help of a local civil lawyer, I am sure you will get the justice done in your favor.
In case, if this is the same case with other flat owners, you may all fight this out together as a group.
Thank you for your prompt response. Will I not get relief from RERA? And with regards to other owners, most are investors who are not reachable and others are not interested to pursue legally.
Dear Ramakrishnan ..Your case looks very genuine, suggest you to file a complaint through RERA, kindly take help of a civil lawyer if you need clarity on technical terms.
Hi Srikant,
Need a small Advice from you.
I have booked a flat in a township in Badlapur as per agreement the committed date of possession was 9th Jan 2017 however I got possession of the house in Aug 2017 (8 months delayed).
Plus the promised amenities of club house, and majorly 24*7 water supply is still not fulfilled by the builder they have taken maintenance for 5 years from each resident.
1. they are not ready to extend the maintenance period equal to delayed possession months nor ready to refund the money.
2. water currently is fulfilled for 10 hours a day by purchasing water and supplied using tankers.
3. Builder is now in arrogant talks even words as quoted ” you dont have any option but to come back to me for each and every thing”
4. False promises by sales guys are now chucked off saying we wont adhere to anything verbal if its in writing show it.
5. when group of residents try to get meetings done with builder they dont accept to sign the MoM of meetings.
6. Few of us tried video recording the meeting which builder warns to confiscate the cellphones.
When checked on rera site out of 26 building(A to Z) our 4 building A to D are not registered under rera. however building E on wards are.
In this scenario where can we approach with our grievances .
The builder is just delaying all amenities and focusing on sale of further apartments to new customers.
Regards
Sunil
Dear Sunil..I believe that you should either visit the RERA office as a group and file the complaint (or) you may file an online complaint through your state RERA portal. You will get the justice!
Hello Sreekanth,
First of all thanks for giving such valuable details .
Have few queries.
1) How to identify if builder or his company falls under RERA as most of the small builders create new company for every small projects to avoid tax related issues.
2) If flat is purchased with bank loan then if we realize that some part of the building is unauthorized then can we file cheating case against builder ? ( OC is yet not provided by builder )
3)How to define is project is complete or partially complete or incomplete ?as in our area its very small appartment though flats are ready all are not yet sold and now looks like builder has cheated with respect to some permission issue , so how to file complaint ? As building construction was started around 2 years back but as OC is yet not provided ( or builder is sure he wont get it due to his partial illegal construction ) what action we can take against builder ?
Dear Viru,
1 – Even if multiple companies come up (of the same promoter), if the project(s) are within RERA guidelines then they have to get them registered with RERA. You can check the registered properties details in respective State RERA portals.
2 – Suggest you to first discuss this with your banker/lender and then file a case.
3 – Suggest you to visit RERA office in your location (State) may be as a group and inquire if the said project falls under RERA’s purview, if so file your complaint immediately.
Respected Sir,
Greetings to you.
In 2012 I had booked a flat in project “Dev Splendor” plot number 85, sector 45, kharghar, Navi Mumbai with builder named Madan Kolambekar of M.K Group for a total amount of Rs. 28,66,500 subject to 30% advance payment I booked the flat and paid advance payment of 30% that is 8,64,000 which was paid to them on 17/10/2012 against M/s Dev Enterprises. For this payment I was issued allotment letter and receipt.
At the time of booking the flat they had promised to complete the project within 2 years and hand over the flat by 2015. In spite of repeated followups nothing has materialized till date and no response from the builder. I also tried to approach the company director but he avoids the calls. On sending him emails the reply I received is the delay is because of the CIDCO. While booking the flat I was told that all permission are ready and only land filling work is pending. This was very malicious intention which shows that the builder had given false commitment and collected advance from me.
For this I had given a letter of cancellation on 23/09/2015 asking refund of my advance amount along with interest of rs 3,02,400 failing to which builder will have to pay present market rate as delay is because of his negligence and mismanagement.
It is causing me mental agony and trauma apart from severe financial burden.
Several times I had orally complained to the local police person for which I got to know he is backed with some political person hence police has refused to file FIR against him.
Kindly guide me what I should do? If I file case with RERA what is the time span for the case to get resolved? and also let me know if kharghar is under RERA
Dear Mallika,
It’s not the place (Kharghar) but we need to find out if your project falls under RERA act or not.
RERA act has been implemented throughout the country and also in Maharashtra.
All the on-going projects have to be registered with Maha RERA. (Kindly note that only projects with 500 sq meters of area or with eight flats to be registered with the regulatory authority.)
I have checked for Dev Splendor in MahaRERA portal but it is not listed.
Are you in contact with any other co-flat owners? If so, you may first try to find out if this project falls under the purview of RERA act or not, you can check this with any local civil lawyer. If it falls, suggest you to submit a complaint against the builder at the earliest.
Hi Sreekanth
Thank you for your immediate reply and guidance. As per the website of the Builder MK Group of Companies Dev Splendor is under ongoing Projects
https://goo.gl/RsgJuJ
Most of the Co-Flat owners do not have Idea if he is registered with RERA or not. He seems to be cheating with everyone. He does not fear of Police as he is backed with political person. Being a lady i do not have much idea about local lawyers there. Sir if you know any good lawyers please guide me. Im suffering a lot since 5 years.
Also if Dev splendor is not registered under RERA is there any way i Can complain against him?
If i complain with RERA Will it be worth as in will RERA take action against him as he is not registered?
Dear Mallika,
I do not have contact details of a lawyer.
Suggest you to form as a group and file a complaint in RERA, worth doing it!
In case, this project comes under the purview of RERA and if the promoter has not yet registered with MahaRERA then you will surely get the justice!
In case, if this project does not come under the purview of RERA act then you may have to approach local Consumer Forum court / Civil court .
Already cases are going against the builder. Recently he is jailed for duping investors. Please proceed for filing case immediately.
Hi, In Thane Mulla Baug, Neelkanth Woods project by T Bhimjiyani builder had given Nov-17, May-18 possession date for lot of buyers. Possession is going to get delayed because builder has decided to increase height of building without any discussions with buyers. There is no official communication from builder side on this delay. In spite of having agreement date as Nov-2017 / May-2018, in RERA builder has mentioned date as 2020. It will cause heavy financial impact for buyers Dec-2017 onward.
Can we register this case under RERA after Nov-2017?
Thanks for the information on this site. very helpful.
Hi… I believe that you may go ahead and register your complaint in this regard. Also, kindly contact other flat owners (if possible) and file the complaint unitedly.
Already commented
Dear Sir, I booked Flat No.601 (G wing) on 01-09-2017, Can I paid Rs.50000/- to builder by cheque(Cleared from my account), he not ready to give receipt, He not doing any token agreement with us, Which must for applying for home Loan, Project Name is KOHINOOR CASTLE, AMBARNATH .
He told me to apply for loan in his certified Bank HDFC, HDFC just calling demanding document, documents, nearly all provieded still not application login for loan for process in 20 days.
am i eligible to file case against Builder
Pls Guide on this, Willbe highly obiliged
Dear HARESH , Kindly check if that project has been registered under RERA or not.
You also need to check if your state RERA Act says that an ongoing projects also need to be registered or not.
You can find all RERA Acts for respective status
We also need to know if that project falls under RERA per view or not..click here to understand the RERA Act basics..
Dear Sir
Greetings !
This is Prasanna Kumar Nayak – living in UAE since 2005.
I bought a property in Goregaon (E) – project name – Omkar Ananta.
Query : In 1st week of May 2017, developer requested to pay the final possession amount, maintenance amount(2 years) and the building protection amount.
we paid before 15th May 2017, otherwise, as per demand invoice…if late from my end… 18% penalty will be charged to us.
Later Developer provided a false and incorrect information, that my flat handover will be on 20th June. We all family landed over there. They forcefully taken the signature from my wife …saying flat is ready. in realty when I reached Mumbai on 24th June.. realized building is not ready and its not habitable(no water, electricity , no lift , no stairs , no lobby) at all.
Not even there is any water and electricity connection.
Till today iam keep on writing mails and several fone calls have been made to Omkar House and even spoke to few of times …to one of the Owner. No response to mails and fone calls.
As per sale deed/contract – by 31st Mar 2017…developer supposed to provide us possession or developer take extension time of 6 months from the date of 31st Mar.
however, in both the cases…developer is not fulfilling the promises.
Kindly guide me ..what will be my next course of action.
Am I allowed to send all my correspondence to you to understand better my difficulties.
Appreciate your kind support and guidance.
Regards,
Prasanna Kumar Nayak
Mobile : 00971 50 55919** ( Work) , 009715016710**(personal)
Dear Prasanna,
Kindly note that we only provide information through this platform.
Suggest you to kindly file complaint against your builder through your State’s RERA portal. I am confident that you will get justice!
Hi, I have been given a occupancy certificate(after registration) by Bangalore development authority last year 2016 for a flat which is not completed even today. Can i file a complaint against Bangalore development authority for this?
Dear Santosh..Thats surprising! How is it possible to issue an OC without competing the project?
As per RERA Act, generally the projects where OCs have already been issued may not come under their purview.
However, if you are dissatisfied, you may try lodging a complaint online.
Hi Santosh,
This is irrelevant to issue an OC. You can lodge a complaint against them, even I have filed the same conndition through legal service domain, MyAdvo. If you need any more suggestions, you can reach out to me at 9628524007(Whatsapp)
You are amazing buddy! BEAUTIFUL blog/website I must say! Keep it up! 🙂
Thank you dear Sagar!
Keep visiting ReLakhs.com ..
Thank you very much for this article you wrote .. everything I wondered about is quite clear.
Very useful post, Sreekanth!!!
I am sure many will benefit.
Keep up the good work.
Thank you Deepesh!
The payment of Rs.5000 for registrant complaint on MahaRera is quite high compared to Rs.1000 charged by the Karnataka arm. I hope the former considers reducing this fee — unless, of course, they have a reason for this relatively high charge. There should be rationalization of such fees across the board.
Dear Nathan … Considering the mental agony, time & money invested to run from one pillar to pillar by an aggrieved property buyer, a few thousands spent to get justice should be ok I believe…. provided he/she gets justice.
How does RERA provide relief to gullible investors to recover booking amount and advances paid to Builders and Developers where project has not taken off even after 4 years. How can one proceed with the action to recover funds where Builder is refusing to refund, delaying and prolonging the process .How fast is the proceeds Kindly advice would be highly obliged.
Dear Naresh ..You may kindly approach your concerned State’s RERA authority….
Dear Reddy,
I book a flat in Noida (UP) in 2010. Possession was to be given by builder on or before 30.09.2013 but the project is still under construction. The CC/OC is not with the builder even as on date. Now the Project comes under the ambit of RERA. Builder has already charged full and final payment in Nov. 2016. In every demand he threatened that 18% interest will be charged if the payment is not made. He was asking me to take the illegal Possession but refused to take the possession without obtaining CC/OC from Nodia Authority. He is also not giving delayed Possession penalty on the grounds that he could not construct the project due to some unavoidable reasons. What should I do in the circumstances mentioned above.
Dear Arjun,
If your project which is an on-going one (under-construction) comes under the gambit of your State’s RERA, suggest you to file a complaint against your builder, you will surely get the justice in your favor.
Dear sir,
One think has been developed recently. I have received a letter from Builder dated 15.09.2017 in which he has now withdrawn his Offer of Possession sent on 06.06.2016 giving reasons that due to some unavoidable circumstances he could not get CC/OC from all local authorities. But he has not send me the amount of Rs. 10, 50, 635/- +interest thereon charged in Nov. 2016 along with illegal offer of possession sent which was actually due at the time of Offer of Possession. This has been done due to interference of Noida Authority. Noida Authority has called for his explanation on 12.07.2017 as to why and under which circumstance he had issued illegal Offer of Possession without getting CC/OC. In other words builder has now admitted that he was involved in wrong trade practice. Whatsoever may be reasons mentioned by the builder in his letter dated 15.09.2017, legally he cannot issue Offer of Possession with out getting CC/OC from Noida Authority.
Please guide what should I do in the current scenario.
A. K. Parwani
Mail id – managercs**m@gmail.com and parwaniaotr**@rediffmail.com
Dear Arjun,
You may formally request the builder to provide an explanation, ask for refund of money with interest (if you want refund), in case he refuses suggest you to submit an online complain through your state’s RERA portal.
Dear Reddy,
What will be the rate of interest in such a scenario?
Dear Arjun,
The authority will decide on the rate of interest (as penalty), if it gives the order in your favor.
I have recently read in couple of reports that RERA has ordered few builders to pay 12 to 14% simple interest as penalty on refunds.
Kindly note that this interest is a taxable income in the hands of home buyers.