For any violation or contravention of the provisions of the RERA Act, a buyer can file a complaint with the UP-RERA Authority by a builder, developer, promoter, or real estate agent. According to the Section 31 of the RERA Act, anyone can file a complaint if they possess the knowledge to draft an accurate statement, including the relief sought from RERA. The RERA Act, 2016, has allowed different states to have their own particular procedure to do the legal proceedings.
RERA Complaint Filing Against Builder
Section 31 of RERA, 2016 explains that an aggrieved individual can file an application directly with the Regulatory Authority or Adjudicating Officer. This could be for the infringement of provisions of the Act or any rules & regulations put under this Act against:
- A promoter.
- Allotted.
- Builder.
- Contractor or a real estate agent.
What Kind of Documents Required for RERA Complaint Filing?
When an individual wants to file the complaint, the complainant needs to provide the following details in the form prescribed by the state:
- Particulars of the applicant and the respondent.
- Registration number as well as the address of the project.
- A brief statement providing facts & grounds for claiming.
- Reliefs and interim reliefs sought.
For claiming compensation under the Real Estate Regulatory Authority, an individual should start the proceedings before the adjudicating officer. A similar form would have to be filled out for the same.
Benefits Of Filing A Case Under The RERA
- Chances of expeditious disposal of complaints.
- The requirement of financial discipline through the promoters.
- Transparency.
- No ambiguity in area measurements.
How To File Complaint With UP RERA?
Step 1: Visit the website of UP RERA for registering a complaint. You need to go to website which is (http://up-rera.in/complaint) wherein a message box will appear asking about the Conciliation Forum option. If a user go for conciliation forum option, then it will provide different process and ask to register as a new user and afterward login.
As per section 32 of the Real Estate Act 2016, UP RERA has decided to establish the conciliation forum at 18 different stations in the state. The aim of the conciliation forum is to provide the amicable settlement of several disputes between the allottees and the promoters by the mechanism of free deliberations facilitated by the Buyer Association, representative of the Promoter Association and RERA registration conciliation consultant.
Step 2: If a user does not go for the conciliation forum consult, then another option will be displayed, asking whether there is an earlier order passed by RERA in that particular matter. The new user need to click on the ‘No’ or YES option available there.
Step 3: In the next step, it will later ask whether any matter is pending in another court of law like District Consumer Forum, SCDRC etc. In case the matter is pending in another court of law other than RERA like SCDRC, then the user need to choose the ‘Yes’ option. He/she must be required to withdraw the pending matter first in State Consumer Dispute Redressal Commission (SCDRC) or any other forum according to the provisions of Section 71 of the RERA Act and file your complaint in UP-RERA.
Step 4: If the matter is not pending in other courts of law, then choose ‘No’ option at step 3, after that it will ask about the complainant details, payment made etc. After providing these information in detail, validate and save the information.
Step 5: The final step of the process is to pay the requisite fees of Rs.1000/- through online mode (either by Net banking/Debit card/Credit card). After the successful payment, an acknowledgement receipt must be displayed on which Complaint reference number must have been reflected. Kindly save it for future references.