RERA: EMPOWERING BUYERS AND TRANSFORMING INDIA'S REAL ESTATE SECTOR
INTRODUCTION
The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, has been a groundbreaking legislation that transformed the Indian real estate industry. Prior to RERA, the real estate sector was plagued by a high level of information asymmetry, leaving buyers at a disadvantage in transactions. Homebuyers often faced deception and fraud from developers due to the unequal bargaining power. Additionally, there were no adequate legal remedies available to address their grievances, as the sector was largely unregulated. However, with the introduction of RERA in 2016, the real estate landscape witnessed a significant overhaul, bringing transparency, accountability, and consumer protection to the forefront. In this comprehensive article, we delve deeper into the impact of RERA on buyers, its key provisions, how to file a complaint with RERA, and a detailed case study showcasing its effectiveness in empowering consumers.
WHAT IS RERA?
RERA, the Real Estate (Regulation and Development) Act, was passed in 2016 to safeguard the interests of homebuyers and promote transparency in the real estate market. The Act mandates the establishment of a Real Estate Regulatory Authority (RERA) and a Real Estate Appellate Tribunal in each state to address buyers' grievances and ensure accountability in the real estate sector. RERA aims to eliminate fraudulent practices, increase buyer confidence, and streamline the real estate transaction process.
PRE-RERA: CHALLENGES FACED BY HOMEBUYERS
a. Limited Legal Remedies: Buyers had limited options to seek redressal against deceptive developers, and consumer courts were the primary recourse. Arbitration clauses in contracts often led to prolonged and expensive dispute resolution. |
b. Budget Cap: The National Consumer Disputes Redressal Commission (NCDRC) only accepted complaints for properties valued over one crore, limiting smaller buyers' avenues for redressal. |
c. Bureaucratic Procedures: Initiating action or investigations required consumers to file complaints with NCDRC, further delaying resolutions. |
d. Soft Penalties: Consumer courts imposed relatively lenient penalties, while RERA's provisions empower authorities to enforce fines and even jail terms for defaulting developers. |
BROAD PROVISIONS OF RERA
a. Mandatory Project Registration: All real estate projects exceeding 500 square meters or consisting of eight apartments for sale must register with RERA. Developers must disclose project details, approvals, agreements, and other relevant information on the RERA website, ensuring transparency. |
b. Buyer's Rights: RERA provides several rights to homebuyers, including: |
- Compensation for Discrepancies: Buyers have the option to seek compensation and interest if developers fail to deliver on promises made in the agreement. |
- Structural Defects: Developers are liable to rectify any structural defects within five years of possession without additional costs to the buyers. |
- Delay in Project Completion: In case of project delays, buyers can choose to withdraw from the project with a full refund or continue with the project and claim interest for each month of delay. |
How RERA Impacts Buyers
a. Enhanced Consumer Protection: RERA establishes a central redressal forum, providing buyers with a legal avenue to address disputes with developers. This streamlined process ensures better protection for consumer interests. |
b. Improved Transparency: RERA's requirement for project registration and regular updates ensures transparency in the real estate sector, enabling buyers to make well-informed decisions. |
c. Redefined Bargaining Power: With stronger legal rights under RERA, buyers can hold developers accountable for discrepancies or delays, leveling the playing field. |
d. Increased Confidence: RERA's consumer-centric approach instills confidence in the real estate market, leading to higher buyer willingness to invest in properties. |
How to File a Complaint with RERA
a. Gather Necessary Documents: Collect all relevant documents, including the builder-buyer agreement, payment receipts, and project details. |
b. Visit the RERA Website: Access the official RERA website of your state and locate the complaint filing section. |
c. Fill the Complaint Form: Provide accurate information about the dispute, project, and parties involved in the complaint. |
d. Pay the Required Fee: Pay the prescribed fee for filing the complaint, if applicable. |
e. Await Resolution: RERA will review your complaint and take appropriate action to resolve the dispute. |
Detailed Case Study: "RERA Rescues Dream Home Aspirants"
Case Background: In 2018, a group of 50 homebuyers in Mumbai invested in a residential project by a prominent developer. The developer promised timely delivery, state-of-the-art amenities, and adherence to all necessary regulations. However, as the project progressed, the developer faced financial challenges and failed to meet deadlines, leaving the buyers anxious and uncertain about the fate of their dream homes. |
RERA Intervention: Frustrated with the project's delays, the homebuyers approached the Real Estate Regulatory Authority (RERA) with their grievances. The RERA Authority investigated the matter and discovered several violations, including diversion of funds and non-compliance with approved plans. |
RERA Resolution: With RERA's intervention, the developer was directed to adhere to the promised schedule and complete the project without further delays. The RERA Authority imposed penalties on the developer for the delay, ensuring that such penalties acted as a deterrent for future violations. |
Buyer Compensation: In addition to enforcing project completion, RERA ordered the developer to pay compensation to the affected buyers for the inconvenience and uncertainty they experienced due to the delay. |
Conclusion
The Real Estate (Regulation and Development) Act, 2016, has significantly empowered buyers and revolutionized the Indian real estate sector. By addressing challenges faced by homebuyers and promoting consumer rights, RERA has brought about transparency, accountability, and buyer confidence. The detailed case study illustrates RERA's efficacy in protecting consumer interests and highlights its role in creating a fair and thriving real estate ecosystem in India.
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Article Compiled by:-
Mayank Garg
(LegalMantra.net Team)
+91 9582627751
Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, RBI etc.