Have you faced any challenges in your real estate dealings in Haryana? Discover how you can assert your rights effectively through the H-RERA complaint filing process.
The society is advancing with technological development. Every service is provided digitally, hence benefiting consumers in every way. One of such service is The Haryana Real Estate Regulatory Authority (H-RERA) which ensures transparency and accountability in the real estate sector. It was established with the purpose of protecting consumers in the real estate industry, promoting fair practices and resolving disputes between developers and homebuyers.
H-RERA Complaint Filing Process is a legal recourse for consumers where they can address grievances effectively, seek timely resolutions, and uphold the integrity of their investments in Haryana real estate. Before initiating the procedure of filing a complaint with the authority, one must thoroughly go through the details of the H-RERA Complaint Filing Process. This content covers legal requirements, steps and tips for homebuyers to resolve real estate disputes in Haryana.
Understanding Regulations under H-RERA Complaint Filing Process
The Haryana Real Estate (Regulation and Development) Rules, 2017, commonly known as H-RERA Regulations, were established to implement the Real Estate (Regulation and Development) Act, 2016, in the state of Haryana. These regulations aim to bring transparency, accountability and efficiency to the real estate sector by setting guidelines for the registration of real estate projects and agents, ensuring the protection of homebuyers’ interests, and fostering a healthy real estate market. This framework is crucial for the H-RERA Complaint Filing Process.
Key Provisions of H-RERA Complaint Filing Process
- Registration of Real Estate Projects: Promoters must register all real estate projects with the Haryana Real Estate Regulatory Authority (H-RERA) before advertising or selling.
- Disclosure by Promoters: Promoters must provide detailed information, including legal title deeds, project layout plans, approvals, financial statements and status of ongoing projects.
- Registration of Real Estate Agents: Real estate agents must register with H-RERA and provide details of their enterprise, including PAN card, address proof, and relevant documents. Registration is valid for five years and is essential for the H-RERA Complaint Filing Process.
- Extension and Revocation of Registration: Promoters can apply for registration extension before expiry, and the Authority can revoke registration for non-compliance after providing an opportunity to rectify defects.
- Financial Management: Promoters must deposit 70% of the amounts realized from allottees in a separate bank account, used only for land and construction costs. Withdrawals are allowed in proportion to project completion, certified by an engineer, an architect, and a chartered accountant.
- Grievance Redressal: Establishes procedures for filing complaints with H-RERA and adjudicating officers, ensuring effective grievance redressal for violations of the Act or rules.
- Transparency and Public Disclosure: H-RERA must publish comprehensive details of registered projects and agents on its website, ensuring public access to critical information and transparency in the real estate sector. This transparency is vital in the H-RERA Complaint Filing Process.
- Offences and Penalties: Defines penalties for various offences, including non-compliance with orders and provides for the enforcement of orders by the Authority or Appellate Tribunal as decrees of a civil court.
Who Can File a Complaint?
Under Haryana RERA, any aggrieved homebuyer who has purchased or intends to purchase a property in a registered Haryana real estate project can file a complaint. H-RERA complaint filing process can be initiated by individual homebuyers, co-operative societies or associations of allottees.
Steps to File a Complaint with H-RERA
The H-RERA Complaint Filing Process is a legal remedy to address customer grievances and achieve timely resolutions. Customers must be well aware of the procedure before filing a complaint with the authority. Given below is the H-RERA complaint filing process:
- Visit the H-RERA Website: Go to the H-RERA web portal and navigate to the “Complaint Registration” section.
- Fill Out the Complaint Form: Complete the online complaint registration form with all required details. This includes personal details, project details and the nature of the complaint. After submission, you will receive a complaint number for future reference.
- Payment of Fees: The complaint filing fee is Rs. 1,000 per complaint plus Rs. 10 per annexure attached.
- Print and Prepare Copies: Print the Registration form (Performa-B) and prepare two copies plus the number of respondents. Additionally, type out the detailed complaint as per the prescribed format and attach it to the documents.
- Send Copies to Respondent: Send a self-signed copy of the complaint to the respondent via speed post and email. Attach the tracking report and email proof as evidence of service.
- Physical Submission: Deliver three sets (or two plus the number of respondents) of the complaint documents, including the demand draft and proof of service, to the H-RERA office either by hand or post.
- Check Status Online: Regularly check the status of your complaint on the H-RERA portal by entering your complaint details. This helps keep track of any updates or actions taken.
Hiring a RERA Expert Lawyer for H-RERA Complaint Filing Process
Engaging a lawyer specialising in Real Estate for H-RERA complaint filing process can benefit you in many ways as RERA advocates possess in-depth knowledge of the provisions, procedures, and precedents under H-RERA. They can understand the complex legal terms related to the Act and help you with the procedural requirements, document preparation and adherence to timelines critical for filing a complaint.
RERA advocates ensure that your complaint meets all legal standards, minimising the risk of dismissal on technical grounds. Your RERA expert lawyer serves as your legal representative before H-RERA, advocating for your rights and interests. Another benefit is that RERA advocates understand the potential compensation avenues available under H-RERA for delays, deviations, or financial losses.
Common Pitfalls to Avoid During H-RERA Complaint Filing Process
When filing a complaint with H-RERA, it’s crucial to avoid common pitfalls that could hinder the H-RERA Complaint Filing Process.
- When filing a complaint, ensure all necessary documents are compiled accurately and completely. Incomplete documentation can delay the process or weaken your case. You must take care that the complaint is filed in proper format as there are different formats prescribed for different reliefs
- Don’t miss the deadlines. It can lead to dismissal of your complaint or missed opportunities for timely redressal. Consulting with a RERA advocate is crucial.
- Take legal advice as without understanding legal nuances moving forward with the process can undermine your case’s strength. Consult a RERA advocate for professional advice.
Conclusion
The RERA is dedicated to the successful and effective implementation of the country’s real estate law, and it has adopted relevant and consistent steps to promote the sector’s development. While filing a complaint with Haryana Real Estate Regulatory Authority (H-RERA), understanding key legal provisions, diligently documenting grievances, and seeking expert legal advice of a RERA expert lawyer could be helpful and can strengthen your case. Take proactive steps today to protect your investments and ensure fair treatment in property transactions.
Secure Your Real Estate Rights with Expert Legal Guidance
Ensure your H-RERA complaint is filed accurately and effectively with the professional assistance of MAHESHWARI & CO. Our team of experienced RERA expert lawyers is dedicated to protecting your real estate investments and resolving disputes efficiently. Contact us today to safeguard your rights and achieve timely resolutions for your grievances in the Haryana real estate sector.
FAQs on H-RERA Complaint Filing Process
1. What are the steps to file a complaint with H-RERA?
The first step is to review H-RERA Regulations on the official H-RERA website. Then Visit the HRERA website: haryanarera.gov.in, create an account and fill the Complaint Form by providing necessary details including personal information and project specifics. Then attach supporting documents such as approved building plan and layout plan, land title deed and encumbrance certificate, details of the contractor, architect, and structural engineer, etc. The next step is Payment of Fees (Rs 1,000 per complaint plus Rs 10 per annexure). And lastly, submit the complaint.
2. What documents are required to support an H-RERA complaint?
To support an H-RERA complaint, the following documents are typically required:
- Completed Complaint Form: Filled with personal details, project details, and nature of the complaint.
- Demand Draft: Payment of the complaint fee.
- Detailed Complaint: Typed out in the prescribed format.
- Supporting Evidence: Includes booking documents, payment receipts, and any correspondence with the builder.
- Proof of Service: Certificate declaring that a copy of the complaint has been sent to the respondent via speed post and email, along with tracking and email reports.
- Annexures: Any additional relevant documents or evidence related to the complaint.
3. How much is the fee for filing a complaint with H-RERA?
The fee for filing a complaint with H-RERA is Rs. 1,000 per complaint, plus an additional Rs. 10 for each annexure attached to the complaint. This fee should be paid via Demand Draft in favor of Haryana Real Estate Regulatory Authority.
4. Who is eligible to file a complaint under H-RERA?
The persons eligible to file a complaint under H-RERA include Allottees or Homebuyers, Association of Allottees, Promoters who have grievances against allottees or other parties related to specific provisions under H-RERA, Real Estate Agents who have been directly affected by violations of H-RERA provisions, such as non-payment of commissions or misrepresentation by developers.
5. What is the typical timeline for resolving a complaint filed with H-RERA?
The timeline for resolving a complaint filed with H-RERA can vary based on the complexity of the case, the availability of evidence and the workload of the authority. However, the provisions under RERA require these courts to adjudicate and resolve disputes within 60 days from the date of filing.
