Draft a good RERA Complaint this way

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By Dr Sanjay Chaturvedi

If you are filing a complaint in RERA yourself without any legal assistance, then few things you must keep in mind:

  1. You must prove that you are allottee u/s 2(d) of RERA Act so you have to attach an Allotment Letter/ Agreement for Sale/ all payment dates and instruments number. Hon’ble tribunal have recognised MoU/ Allotment Letter / Un registered Agreement for Sale / Sale Deed/ Executed Registered Agreement for Sale.
  2. Upload all demand letters and payment thereof. Mind you please do not default in payments.
  3. Upload all correspondence with the builder. Specifically amenities, and possession date or any variation in carpet area ect.
  4. Date of possession, purchase consideration must be written prominently and have a reference to the Agreement for Sale.
  5. Prove the default of the builder. Promoters mostly have a defense of Force Majeure and situations not in control. Give complete reason as to why Force Majeure shall not be applicable.
  6. You have only two options. Section 12 where the Agreement for sale is not registered and you prove that promise made was not adhered to and you come out of the project with all money paid along with interest thereof. You have two options u/s 18 when you have Agreement for Sale registered, viz; One you take refund of all money paid and interest since you paid till realisation of the money or Second option is you remain in the project and ask for the delay interest from the date of possession in Agreement for Sale till actual physical possession along with full Occupation Certificate. Mind you, the date of completion in RERA got nothing to do with the date of possession in Agreement for Sale.
  7. The flow of litigation shall be => File complaint, => inform the opposite party and serve with a complaint copy with all annexures => First date appearance and guilty or not guilty approach => RERA ask you if you want to go for conciliation. If yes then your matter shall referred to Conciliators / mediators, if not opted then RERA shall  continue with the mater, => Opposite party shall submit Reply = > you may and may not counter this Reply by Rejoinder, => Opposite party may file Sur rejoinder to counter you, => You can file Written submission/ or choose to argue orally or both => Final Arguments = > Order.
  8.    File a non execution application after 60 days of passing of the Order if builders do not adhere to the order. Within 60 days the builder needs to file an appeal and get stay on order otherwise the execution order cannot be stopped. RERA shall issue Warrant for recovery and direct Collector to execute the warrant. The Collector then attached the project , unsold inventory, movable properties , sold in the open market and gave you the money.

Read RERA Section 12 and 18 in details and take some good citation form Tribunal and High Court to substantiate your claim in  complaint

One thought on “Draft a good RERA Complaint this way

  1. Rightly said.
    My lawyer Advocate Chirag Shah guided me the same way also we won case with his kind assistance.

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