The Indian real estate sector has witnessed a rapid growth in the graph of Indian economy. People from rural areas are shifting to urban areas to find better living opportunities, resulting in the increase of disposable incomes and demand for all forms of real estate in the country.
While the real estate sector was showing a continuous growth, people were facing various problems in buying homes due to the unethical practices and immoral activities of a few across the country. Due to delays in the project approvals and dispute resolution, the long-standing demand of the industry and consumers were not getting fulfilled. This called for an amendment and the need for reforms and a regulated sector in the real estate market.
Counting to regulate the real estate sector of the country, the government of India introduced the Real Estate (Regulation & Development) Act, (RERA). As per the RERA rules , real estate developers should register their project that comes under “On-going project” as defined in the RERA notification. It also mandates the real estate agents to register themselves with the RERA authority to conduct business in the realty sector of the country. The Act defines harsh penalties if a realtor breaches any rules prescribed by the Real Estate Authority.
RERA also enables real estate consumers or buyers to complaints against developers and agents in case the complainant is not satisfied with the commitment by the realtors.
In order to file a complaint with the RERA, the complainant has to pay a fee that varies from state-to-state. According to Karnataka RERA rules, below are the fee prescribed by the real estate authority to file complaint at various levels of the RERA:-
A complainant can file a complaint with the Regulatory Authority against a realtor for any violation of the RERA rules by filling up "Form N" along with paying a fee of Rs. 1000 paid using a demand draft drawn on a nationalized bank or a co-operative Bank in favour of regulatory authority and payable at the main branch of that bank at the station where the seat of the said Regulatory Authority is situated.
Any aggrieved person may file a complaint with the Adjudicating Officer if he/she is not satisfied with the judgement of the regulatory authority by filling up "Form O" along with a fee of Rs. 1000 paid using a demand draft drawn on a nationalized bank or a co-operative Bank in favour of regulatory authority and payable at the main branch of that bank at the station where the seat of the said Regulatory Authority is situated.
An appeal can be filed with the Appellate Tribunal by filling "Form R" in triplicate along with a fee of Rs. 5000 paid using demand draft or a bankers cheque drawn on a scheduled bank or a co-operative bank in favour of the Appellate Tribunal and payable at the branch of that Bank at the station where the seat of the said Appellate Tribunal is situated or through online payment. A complainant can file a complaint with the Appellate Tribunal if he/she is not satisfied with the judgement of the Adjudicating officer.
In case, the complainant is not gratified with the rulings of the Appellate Tribunal, he/she can file a case against the realtor in the High court after getting approval from the Appellate Tribunal.
Questioning the fee to be paid while filing a complaint with the RERA, aggrieved property buyers quoted that “We have already suffered a lot. RERA is a ray of hope for us and we have got stamina to fight for our home. The fee prescribed by the government for filing complaint with the RERA is the thing that bothers us. We have already shelled a lot of money and time to get our home but we failed. Paying the fee is not the major problem but not getting justice even after doing so will not be appraisable. ”
The Karnataka notified the RERA on 10th July 2017. Till now, the more than 100 complaints are filed with the Karnataka RERA.
Talking about the RERA registered projects in Karnataka, the RERA authority has received over 1,600 applications and has approved only 600 projects. According to the sources, there are more than 5000 ongoing projects alone in Bangalore that will come under the ambit of RERA.
Click here to view RERA registered projects in Karnataka.