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Understanding the Legal Rights of Homebuyers Under RERA in India


Understanding the Legal Rights of Homebuyers Under RERA in India
Understanding the Legal Rights of Homebuyers Under RERA in India

Understanding the Legal Rights of Homebuyers Under RERA in India

IntroductionThe Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency, accountability, and efficiency to the real estate sector. Homebuyers often face challenges such as delayed possession, incomplete projects, and misleading information from developers. RERA was introduced to address these concerns and empower homebuyers with legal remedies. In this blog, we will explore the rights of homebuyers under RERA, discuss the provisions of the Act, and provide guidance on how to file complaints in case of violations.


Key Rights of Homebuyers Under RERA


1. Right to Information

Homebuyers have the right to detailed information about the project, including:

  • Approved plans and layout.

  • Stage-wise completion schedule of the project.

  • Details of contractors and other professionals involved in the project.


2. Right to Timely Possession

Under RERA, developers must adhere to the deadlines for project completion and delivery. Homebuyers are entitled to compensation in case of delays.


3. Right to Quality Construction

The Act ensures that the quality of construction meets the promised standards. Homebuyers can demand rectification for structural defects within five years of possession, without bearing any costs.


4. Right to Refund or Compensation

If a developer fails to deliver the project or violates any conditions, homebuyers can:

  • Claim a full refund along with interest.

  • Seek compensation for any financial loss or mental agony.


5. Right Against False Promises

Developers are prohibited from advertising misleading information. Homebuyers can take action if the project does not match the advertised description.


6. Right to Approach RERA Authority

Homebuyers can file complaints with the RERA authority or appellate tribunal for any grievance, such as delayed possession or non-compliance by developers.


How to File a Complaint Under RERA


Step 1: Check RERA Registration

Verify if the project is registered under RERA. Developers are required to register all ongoing and new projects with the respective State RERA.


Step 2: Prepare the Complaint

Draft a detailed complaint, including:

  • Your personal details.

  • Project details and developer’s information.

  • Description of the grievance and supporting evidence, such as agreements, payment receipts, or correspondence.


Step 3: File Online or Offline

Most states provide an online portal for filing complaints. Alternatively, complaints can be submitted in person to the RERA office.


Step 4: Pay the Fees

Pay the prescribed fee for filing the complaint, which varies by state.


Step 5: Follow Up

Attend hearings and present your case before the RERA authority or appellate tribunal.


Recent Supreme Court Judgment on RERA

In a significant judgment in December 2024, the Supreme Court held that developers cannot escape liability by citing force majeure without substantial evidence. The Court emphasized that the rights of homebuyers must be protected and directed developers to adhere to strict timelines under RERA.


FAQs About RERA and Homebuyers’ Rights


1. Is RERA applicable to all states in India?Yes, RERA applies across India, but each state has its own regulatory authority and rules.


2. Can I file a complaint for a project launched before RERA was enacted?Yes, ongoing projects at the time of RERA’s implementation must comply with its provisions.


3. What is the timeline for resolving complaints under RERA?RERA authorities aim to resolve complaints within 60 days. However, delays may occur depending on the complexity of the case.


4. Can I claim a refund if I no longer wish to proceed with the project?Yes, you can claim a refund if the developer fails to deliver as promised or violates the terms of the agreement.


Conclusion

RERA is a powerful tool for protecting the interests of homebuyers and ensuring transparency in real estate transactions. Understanding your rights and the legal remedies available under RERA can help you address grievances effectively. If you face any challenges with a real estate project, consult legal experts to guide you through the process.


This blog is created for informational purposes. For specific legal advice, consult a qualified advocate.

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