Filing Complaints in Maharashtra under RERA act against builders @ https://maharera.mahaonline.gov.in/Home/Index
Real Estate Regulatory Authority has finally started to implement in the country from May 2017. The act was established officially last year but finally started implementing from this year. Under this act the home makers in the nation will be able to save themselves from fraudulent activities and cheaters in the name of builders/real estate dealers.
The act was officially launched in the year 2016 on March. Before that in the year 2013 the RERA Act and rules were established. Cabinet ministry has given a nod to the act in the year 2016. However the act took more than year to implement in the nation.
Though RERA was formed in and enacted as central government scheme/act however it will depend on the states how they will implement the act. After a lot of hullabaloo finally the date has announced for the official implementation of the RERA act that is May 2017.
- Objective: Real Estate Regulatory Authority was established under the Real Estate (Regulation and Development) Act, 2016 to promote and regulate the real estate market. RERA was developed to supervise various activities in the Indian real estate market.
- Aim: Home buyers, builders, promoters, agents and anyone whoever is related to real estate market are facing fraudulent activities frequently. The central government has taken this initiative to control and reduce these activities through this authority. Also there is a complaint registration sector, under which the house owners can file a complaint. The authority will be responsible to solve the matter as soon as possible.
- Implementation: As mentioned RERA is a central law but it depends on the states to implement the law. As of now many states have notified about the act in state level whereas many states are yet to start it. States like West Bengal and Goa have recorded the rules but yet to notify them. Some of the states are in progress.
- Official Website: The official website for RERA is http://apnarera.com/. To know more about the RERA act one can click on the link and get the detailed information. The registration and complaint must be done through the online portal as well.
Benefits of RERA
For the house buyers:
- Dispute Solve: Buyers often face disputes with builders regarding various issues. With implementation of RERA this will not happen in future. The builder and the house buyer’s problem must be sorted within 120 days of registering the complaint.
- Construction and Repair: Builders will have to open a separate bank account for the construction of the homes. 70% of the payment, paid by the house buyer will have to be deposited to that account for the construction purpose. Also it is known that builders are liable for any structural defect repairing in the building within 2 years. The time period has increased from 2years to 5 years under RERA act.
- Charge / Price: The charges for the flat/apartment will be decided upon the carpet area only. There should not be any extra charge for super build-up area. The bill submitted to the buyer must have the price of the carpet area only including the kitchen, bathroom and such.
- Registration and Selling of property: If the project is building on more than 500 square meter land and having more than 8 apartments, then the agent and the builder have to register under RERA Act before selling the project to the buyer. Once the registration process and other clearance are done the project can be sold.
- Time: There will be some strict rules for the promoters and builders under the act. The rules will be implemented so that the project does not take more time than promised to the buyer. To finish it on time, the rules are being established.
- Perfect Information: It is mandatory for the builders to put up all the information in their official website. The information regarding the promoter and his profile, the apartment details, garage details, plot, project, agents, consultant and everything associated with the project must be in the website for the buyers’ concern.
- Slum Rehabilitation Authority: The RERA chairman has said that there will be registration process for the builders who are taking the slum re-construction projects. The builders who will register under the act for the slum-area renovation will get extra benefits under the act.
Benefits for the builders:
- Not only the home buyers but the builders will get benefited from the act too. Buyers who are paying late or not clearing any issues will be fined heavily by the RERA. Also the builders will get provision to file complaint against the buyers if there is any dispute from the buyers.
On the other, if the builder will fail to follow the rules or guidelines of RERA act can get imprisonment or heavy penalty (Up to 10% of the total cost of the project). For this reason many builders are considering this act as an instrument against the builders.
Effect of RERA
- The first and foremost effect was seen in Delhi NCR where 8% project launch in real estate market has fallen down in few times. The builders and the agents are dramatically changing their business style, structure, operations and others to accustom with the act.
- As mentioned in the law under RERA, each and every agent and promoter has to register under the act. In this regard many small and medium agents are getting removed where the biggies are remaining in the market.
Filing Complaints in Maharashtra under RERA act –
As said that most of the states have already notified about the RERA Act and regulation in the respective states. Maharashtra has already started their online portal for registering the complaints from the buyers against the builders.
- To file a complaint against the builder one has to register with the website first. Click on the link https://maharera.mahaonline.gov.in/Home/Index. Under the ‘Online Application’ you will find the registration option.
- Click on the ‘New registration’ tab and proceed further. In the new page one has to enter the mandatory details such as name, address and such. Then the Login ID and Password will be generated.
- With the login ID-password the applicant can login to the website. Under the option menu you have to click on the ‘Complaint’ tab. Again click on the ‘New Complaint’ tab to file the complaint.
- Once the complaint filing is done, proceed to the payment section. Each complaint is required Rs. 5000/- as fees. The payment must be done through NEFT/RTGS. With payment procedure the complaint registration will be completed. Builders and the buyers – both will receive notices from the RERA for further process.
RERA in Maharashtra: Implementation
RERA has effectively started in Maharashtra and Karnataka. Along with notifying these two states have started their online portal as well. As of now Maharashtra RERA unit has received 98 complaints in their official web portal.
According to the law in Maharashtra, the builder can’t sell the project or advertise about it until the regulator gives it a thumb up. Also if there is a delay in possession of handing over the project to the buyer, the EMI might be paid by the builder.
A major implementation in Mumbai real estate has been done under RERA. From now onwards no home owner can deny selling their project on the basis of gender, person, caste, religion or so on. It was one of the major problems in Mumbai, this will be removed completely by RERA.