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RERA

Practice Area

Navigating Real Estate Claims Before RERA

The Real Estate (Regulation and Development) Act (RERA) was enacted to promote transparency, accountability, and fairness in the real estate sector. RERA protects homebuyers against delays, false promises, and malpractice by builders, and provides a streamlined mechanism for dispute resolution. Below is an overview of the typical stages involved in RERA proceedings:


Filing of Complaint:

The process begins with the aggrieved homebuyer or allottee filing a complaint with the RERA Authority or Adjudicating Officer, along with agreements, payment records, promises made, and possession timelines as evidence.


Scrutiny & Admission:

The Authority examines whether the complaint is maintainable under RERA and verifies project registration status, jurisdiction, and nature of grievance.


Notice to Builder / Promoter:

Once admitted, notices are issued to the builder or promoter directing them to respond to the allegations within a specified timeframe.


Submission of Replies & Evidence:

Both parties furnish written submissions, payment schedules, project timelines, brochures, agreements, and other supporting documents.


Hearing & Arguments:

The matter proceeds to oral hearings where both sides present facts, delays, contractual terms, and statutory obligations under RERA.


Interim Relief (If Applicable):

RERA may grant temporary relief such as staying cancellations, preventing further delay, or safeguarding buyer rights until final adjudication.


Final Order:

After examining the evidence and arguments, the Authority issues its final order, which may include:

✔ interest for delayed possession
✔ refund of amount paid
✔ compensation
✔ completion directions
✔ penalty on builder/promoter


Execution of Order:

If the promoter fails to comply voluntarily, the buyer may initiate execution proceedings for enforcement of the order.


Appeals:

Aggrieved parties may file appeals before the RERA Appellate Tribunal, and further appeals may be pursued before the High Court.

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