REMEDIES AVAILABLE FOR HOME BUYERS UNDER RERA

RERA is an act for regulation and promotion of the real estate sector to ensure the sale of apartments, plot or building in an efficient and transparent manner. The Act aims to protect the interest of consumers and promoter and to uplift the real estate sector with full transparency and effective manner. In one hand RERA stops the wrong sale and purchase practice being adopted by many promoters and on other hand save interest of promoter if any buyer make willful default in making payments towards sale Consideration. RERA protects the interest of allottees and promoter both.

Section 18 of the RERA act provides that If the Builder fails to complete and handover the possession of an apartment, plot or building on an agreed date under the terms of agreement, as the case may be and on such default of the builder the allottee/s have the right either to continue with the project and seek for interest for entire delay period from the builder in handing over the possession of the apartment plot or building. If allottees do not want to continue with the project, in that case allottees go for cancellation and refund of the amount with interest on the amount paid by the allottee/s till the date of recovery of entire amount.

If the promoter fails to perform his part of obligations under the provisions, rules & regulations of this act or fails to perform his obligations under the terms of agreement entered between the builder/developer & allottee/s then the allottee/s shall be entitled for the relief of compensation.

For seeking the compensation from the builder under RERA, allottee/s will have to file a complaint before the RERA Adjudicating officer in prescribed format.

Appeal :

Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter:

Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having deposited with the Appellate Tribunal at least thirty per cent. of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.

If the allottee/s fails to get the proper & reasoned order from Authority or Adjudicating officer under the above mentioned provision in that case, the allottee/s can appeal the order before the RERA Appellate Tribunal under section 44 of the Act within 60 days from the date of order of authority/ ADJUDICATING authority.

Section 58 "Appeal to High Court" - The Real Estate (Regulation and Development Act, 2016)

(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908:

Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.

Manner of recovery of interest, penalty and compensation.-

(1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regualtions made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue.

(2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with

For the purpose of sub-section (2) of section 40, every order passed by the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shall be enforced by the adjudicating officer, regulatory authority or the Appellate Tribunal in the same manner as if it were a decree or order made by the principal civil court in a suit pending therein and it shall be lawful for the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, in the event of its inability to execute the order, send such order to the principal civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works

Section 63 "Penalty for failure to comply with orders of Authority by promoter" - The Real Estate (Regulation and Development Act, 2016)

If any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority.