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Section 31 RERA 2016

By Shivendra Pratap Singh
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Section 31 RERA: Filing of complaints with the Authority or the adjudicating officer

Section 31 RERA: (1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter allottee or real estate agent, as the case may be.

Explanation.- For the purpose of this sub-section “person” shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force.

(2) The form, manner and fees for filing complaint under sub-section (1) shall be such as may be specified by regulations.

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The procedure for filing a complaint under RERA

Section 31 RERA provides a procedure for filing a complaint against the builder, promoter or real estate agent. The proceeding under RERA is civil nature. Therefore, you have to pay a court fee along with the complaint. The court fee is applicable in proportionate to the area of flat or residential/commercial premises. In the civil proceeding, the court fee is generally applied based on the market value of the property. Consequently, it increases the court fees if the value of the property is large.

Court fee

The value of properties in Metropolitan cities is so high. Hence, the calculation of court fee on conventional method may cause hardship to the aggrieved person because he has to pay a hefty amount as the court fee. The RERA has simplified the court fee structure so as to initiate legal proceeding against the builder at a low court fee. Accordingly, the RERA calculates Court fees based on the area of the land or flat. Generally, it calculates the court fee as rupees 10 per square metre for the residential property.

Against whom you can file a complaint under RERA?

You can file a complaint under section 31 RERA against the:

  • Builder or promoter
  • Allottee
  • Real estate agent

For the violation or contravention of the provisions of this Act, you can file a complaint under RERA. Thus for filing a complaint there must have a violation of the provisions of RERA. The promoter, builder or allottee has violated the provision of RERA if they failed to keep their obligations. You should read section 11, 15, 16 of the RERA to know about the obligations and duties of the promoter. Function and obligation of real estate agent has been given in Section 10 of RERA.

How to file an online complaint before UP RERA authority?

Uttar Pradesh RERA authority provides a facility to file the complaint online. You can calculate and pay the court fee online in the course of registration of your claim. Under section 31 RERA, you can also file a complaint against the agent if he committed fraud in the process of selling the flat. According to RERA the agent cannot make a false claim about the project or exaggerate facts about the real estate project. If the agent commits such an act, he shall be liable under the RERA.

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer at the High Court Lucknow. Expertise in Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

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