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.
The Real Estate (Regulation and Development) Act, 2016 (RERA) is a law that was enacted by the Indian government to regulate and promote the Indian real estate sector. One of the key provisions of the RERA is section 31, which deals with the procedure for registering a complaint with the Real Estate Regulatory Authority (RERA) and the Appellate Tribunal.
Under section 31 of RERA, any person who has a grievance against a real estate developer can file a complaint with the RERA. This includes issues such as delay in possession of a property, non-compliance with the terms of the agreement, and other issues related to the development of a real estate project.
The complaint can be filed by the allottee (person who has been allotted the property), the promoter (real estate developer), or any other person who has an interest in the realestate project. The complaint must be filed in the form prescribed by the RERA and must be accompanied by the necessary documents and fees.
Once the complaint is filed, the RERA will investigate the matter and determine whether there is a case to be made against the developer. If the RERA finds that the developer has violated any of the provisions of RERA or has failed to comply with the terms of the agreement, it can impose penalties or fines on the developer.
If the allottee is not satisfied with the decision of the RERA, they can file an appeal with the Appellate Tribunal. The Appellate Tribunal will hear the appeal and give its decision based on the evidence presented by both parties.
It is important to note that under section 31 of RERA, the complaint must be filed within five years from the date of the violation or the date on which the cause of action arose. This means that if an allottee has a grievance against a developer, they must file their complaint within five years of the date on which the violation occurred or the date on which the cause of action arose.
Additionally, Section 31 of RERA also provides that the Appellate Tribunal shall dispose of the appeal within a period of sixty days from the date of receipt of the appeal.
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.
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
- 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.