Owning a home is a major milestone in anyone’s life. But what happens when the builder fails to hand over the possession of your property on time? It can be an incredibly frustrating experience, especially if you've planned your life around the possession date. Fortunately, the Maharashtra Real Estate Regulatory Authority (RERA) provides a clear and effective path to resolve these issues.
In this blog, we will guide you through the process of filing a complaint with Maharashtra RERA for delayed possession, ensuring your rights as a homebuyer are protected.
What is Maharashtra RERA?
Maharashtra RERA is a regulatory body established under the Real Estate (Regulation and Development) Act of 2016. It aims to promote transparency, accountability, and fairness in the real estate sector, ensuring that developers adhere to project timelines and deliver as promised.
If you're dealing with a delayed possession, RERA can help ensure that builders fulfill their obligations. The authority works to resolve disputes between homebuyers and developers, offering a legal framework to seek redressal.
Why Should You File a Complaint with Maharashtra RERA?
Filing a complaint with RERA is crucial for a number of reasons:
- Enforces Builder Accountability: Builders are required to adhere to the possession dates stated in the agreement. If they fail, RERA ensures they are held accountable.
- Possession & Compensation: If the possession is delayed, RERA can help secure possession of the property or order compensation.
- Protects Your Investment: RERA ensures that builders deliver as per the terms, protecting your hard-earned investment.
Steps to File a Complaint with Maharashtra RERA for Delayed Possession
Filing a complaint with Maharashtra RERA is a straightforward process. Here's a step-by-step guide to help you through it:
1. Ensure Eligibility
Before proceeding, confirm that your situation qualifies for filing a complaint:
- You must be a buyer or interested party with a signed agreement for the property.
- The builder must have missed the possession date specified in your agreement.
- The project must be registered with Maharashtra RERA.
2. Collect the Necessary Documents
To file a complaint, you will need to gather the following documents:
- Sale Agreement: The official agreement between you and the builder, which mentions the possession date.
- Builder-Buyer Agreement: A legal document outlining the terms, including possession deadlines.
- Proof of Payment: Receipts or bank statements showing payments made for the property.
- Correspondence: Any emails, letters, or other communication with the builder regarding the delay.
- Photographs (if applicable): Evidence of incomplete work or the property not being ready for possession.
3. Visit the Maharashtra RERA Website
Go to the official Maharashtra RERA portal: Maharashtra RERA Portal.
4. Register or Log In
If you’re a new user, you will need to register on the portal by providing basic details like your name, email, and project information. If you already have an account, simply log in.
5. File the Complaint
Once logged in, find the option to file a complaint. Enter the following details:
- The name of the builder and the project.
- The original possession date and the delay duration.
- A detailed description of the problem and the reasons behind the delay (if known).
Make sure to upload all supporting documents.
6. Pay the Filing Fee
Maharashtra RERA charges a nominal fee for filing complaints. This fee can be paid securely online using debit/credit cards or net banking.
7. Acknowledgment and Complaint Number
Once your complaint is submitted, you will receive an acknowledgment receipt along with a unique complaint number. Keep this number handy as you will need it to track the status of your complaint.
8. Track the Status of Your Complaint
You can check the progress of your complaint on the RERA portal using the complaint number. Typically, RERA aims to resolve complaints within 60-90 days, although this may vary depending on the case’s complexity.
9. Attend the Hearing (if Necessary)
In some cases, RERA may schedule a hearing where both you (the complainant) and the builder (the respondent) will present your arguments. After reviewing the case, RERA will issue a final decision.
Possible Outcomes After Filing a Complaint
Once your complaint is reviewed by RERA, there are several possible outcomes:
- Possession Order: If the builder is found at fault, RERA may order them to provide possession immediately.
- Monetary Compensation: RERA may direct the builder to pay compensation to the buyer, such as rent or interest, for the delay.
- Penalties: If the builder is found to be negligent, RERA can impose fines or penalties to ensure compliance with real estate laws.
What to Expect from Maharashtra RERA?
Maharashtra RERA works to ensure justice for buyers, providing:
- A Timely Resolution: RERA aims to resolve complaints within 60-90 days, offering a swift resolution to delays.
- Transparency and Fairness: Both parties—homebuyers and developers—are given a chance to present their sides, ensuring a fair process.
- Enforcement of Accountability: If the builder is found at fault, RERA will enforce penalties, ensuring that builders are held accountable for their actions.
Final Words
Facing delayed possession can be stressful, but you don't have to endure it alone. Maharashtra RERA offers a structured process to help you resolve the issue and get what you’ve paid for. By filing a complaint with RERA, you are ensuring that the builder takes responsibility for their delays, whether it’s through possession or compensation.
If you’re currently facing delayed possession, don’t hesitate to take action. File your complaint with Maharashtra RERA today, and take the necessary steps towards securing your rightful possession.