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How to File a RERA Complaint Against Builder, Broker in Bengaluru
How to File a RERA Complaint Against Builder, Broker in Bengaluru
Learn how to file a RERA complaint against builders and brokers in Bengaluru, Karnataka. Discover the grounds for complaints and the step-by-step process for seeking resolution under RERA. Explore your rights as a homebuyer and ensure transparency and accountability in real estate transactions

Gone are the days when buying a home felt like navigating a treacherous labyrinth of paperwork, uncertainties, and the constant fear of being duped by unscrupulous developers and project promoters. Enter RERA (Real Estate Regulatory Authority), the game-changer that has transformed the landscape of home buying. In addition to its pivotal role in promoting transparency and accountability in the real estate sector, the authority proactively safeguards the rights of homebuyers while rooting out dishonest operators and unreliable, here-today-gone-tomorrow developers.

The real estate landscape of Karnataka is constantly evolving, reflecting the state's dynamic economic growth and changing demographics. To protect homebuyers the RERA act which is known as Karnataka RERA was established in 2017.

According to the regulations set forth by Karnataka RERA, it is mandatory for every promoter, ongoing project, and real estate agent to undergo registration with the authority prior to engaging with the general public. In a recent announcement, Karnataka RERA has also issued a directive compelling property developers to prominently feature their RERA registration numbers in all printed advertisements and to register the names of landowners involved in their projects.

Additionally, developers are obliged to submit a self-declaration affidavit, furnishing comprehensive details regarding project completion, subject to rigorous on-site verification conducted by regulatory authorities. This proactive stance taken by Karnataka RERA assures a more secure and transparent environment, benefiting both potential homebuyers and the real estate industry as a whole.

In Bengaluru, homebuyers who think their rights have been violated can file a complaint against a builder or broker under RERA. In this article, we'll guide you through the process of filing a RERA complaint against a builder or broker in Bengaluru.

Also Read : Karnataka RERA: Project Registration Process, Fees and Charges


Reasons For Which You Can File a Complaint with Karnataka RERA

Homebuyers in Karnataka have several valid grounds for filing a complaint under RERA (Real Estate Regulatory Authority) against builders and agents.


These include instances of :

  • Delayed Possession: If the builder fails to deliver the property within the promised timeline.
  • Alteration in Plan: When unauthorized alterations are made to the original plan without the necessary NOCs from ⅔ of the allottees.
  • Quality of Construction: If the quality of construction doesn't meet the promised standards within five years of possession.
  • Misrepresentation: When the builder or agent misrepresents the property's features compared to what was originally presented.
  • Non-Compliance with RERA Registration: If a builder sells properties illegally or without obtaining the mandatory RERA Registration for projects with land exceeding 500 sq. meters and eight or more apartments.


The Process to File a Complaint under Karnataka RERA


Step 1: Gather Relevant Information:

Before you initiate the complaint process, it's essential to gather all the necessary documents and information related to your property purchase, builder, and broker. These documents may include:

  • Sale agreement
  • Payment receipts
  • Correspondence with the builder or broker
  • Any other supporting documents

After all the documents are in place, visit the official website of K-RERA-http://rera.karnataka.gov.in/ to initiate the complaint process.


Step 2: Create an Account:

If you don't already have an account on the K-RERA website, you will need to create one. This account will be used to file and track your complaint.

Once your account has been created, log in to your K-RERA account using your credentials


Step 3: Fill in the Required Information:

Inside your account, you should find an option to file a complaint. Follow the on-screen instructions and provide all the required details. Be sure to select the appropriate jurisdiction (Bengaluru) and category (complaint against builder or broker).


Step 4: Upload Supporting Documents:

As part of your complaint, you will need to upload all the relevant documents (mentioned above) that support your case.

Ensure that you have scanned copies of these documents in the required format.


Step 5 : Pay the Fees:

Once you have filled in all the details and have checked the preview complaint page to ensure all the details are correct, proceed to complete the complaint registration process by paying the fees, which is Rs 1000.

Step 6: Submit the complaint: Once the payment has been made, you will get a reference number, please note down the reference number for reference e.g., RERA290119162218. Once you have note that down, proceed next for confirmation.

Step 7: Acknowledgment and Tracking: After successfully submitting your complaint, you should receive an acknowledgment with a unique complaint number. This number will be essential for tracking the progress of your complaint on the K-RERA website.


What is Next After filing RERA Complaint?


Initiation of Action

Once a complaint is filed, RERA swings into action within a month or 45 days, initiating the process. Keep a close watch on the progress of your complaint by regularly checking the K-RERA website. The regulatory authorities will investigate your complaint and take appropriate action.


Notification:

Upon registering your complaint, RERA will inform you of your appearance date via text or email. Depending on the nature and complexity of your complaint, you may be summoned to attend hearings or meetings related to your case. Ensure that you cooperate fully with the authorities during this process. The time gap between these dates may vary, lasting anywhere from two to three months, contingent on the complexity of the case. In most situations, cases are resolved within five to six hearings.


Notice to Developer

Typically within a week of filing, RERA issues a notice to the developer, providing the complaint number and enabling them to view the complaint on the RERA website.


Scheduled Dates

Both the complainant and developer are allocated a date for the case, usually within 30-45 days of complaint registration.


Document Submission

On the first hearing date, the complainant submits two sets of documents supporting their claim. These include the complaint copy, builder-buyer agreement, payment receipts, tripartite agreement, and more. One set goes to the authority, one to the developer's council, and one is retained by the complainant.


Developer's Response

The developer has the opportunity to file a reply to the complaint, presented in the presence of the complainant. If they fail to do so, they may be given a last chance by the authority.


Argument Stage

The reply from the developer is scrutinized and debated during the subsequent hearing in the presence of the authority and complainant. If the reply is extensive, additional time may be granted for review or a rejoinder.


Final Orders

Further arguments lead to the issuance of final orders, which typically take 15-30 days to be released. These orders are also posted online on the RERA portal.


Enforcement:

Under the RERA Act, orders must be executed within a specified timeframe. Failure to comply with the order can result in monetary penalties or even imprisonment for developers. Complainants can also take action to enforce the order if necessary, filing an execution complaint online 45 days after the initial order.

This streamlined process ensures timely resolution and enforcement, offering protection and recourse for both developers and homebuyers involved in real estate disputes.

Filing a complaint under RERA is a powerful tool to protect your rights as a homebuyer. If you encounter any difficulties during this process, it is advisable to seek legal advice to ensure that your interests are adequately represented. Taking prompt action when you believe your rights have been violated is essential to secure a fair resolution to your grievance.

In conclusion, the advent of RERA has ushered in a new era of transparency and accountability in the real estate sector, particularly in Karnataka. Homebuyers in Bengaluru now have a robust mechanism to protect their rights and seek redressal in case of grievances against builders or brokers. With clear guidelines and a streamlined process, filing a complaint under RERA has become a powerful tool for ensuring that promises made during property transactions are honored. The process, from document submission to final resolution, is designed to provide a fair and efficient platform for both complainants and developers. It's a testament to the state's commitment to fostering a secure and transparent real estate environment, ultimately benefiting all stakeholders in the dynamic landscape of Karnataka's real estate sector.

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