About Haryana RERA (HRERA)

The Government enacted the Real Estate Regulatory Authority (RERA) Act,2016, which acts as a central legislation for governing the Real Estate sector. This act is formulated with the aim of streamlining delayed real estate projects and protecting homebuyers from fraudulent builders who usurp money from the allottees and do not give them timely possession of the apartments or any other residential accommodation. Thus, the RERA Act of 2016 has overhauled the whole real estate sector by regularizing, supervising, and protecting homebuyers.

The scope of the RERA Act is wide and flexible, thereby, allowing the states to frame their own rules and regulations. HRERA is one such act that is derived from the main act and Haryana Real Estate (Regulation and Development) Rules, 2017, which came into force on July 28, 2017.

The HRERA has adopted its own iteration of the real estate legislation, maintaining the foundational framework established by the Central law. It is to be noted that to keep pace with the technological advancements and to ease the paperwork, the HRERA launched its portal on October 4, 2018, making it mandatory to file complaints through its portal.

It is also vital to mention that HRERA has two separate jurisdictions, in Panchkula and Gurgaon and therefore it is important to take into consideration that after entering the Haryana RERA website at https://haryanarera.gov.in/login, one has to select the jurisdiction they may fall in.

 

Procedure for registering a complaint on the portal

Before delving into the steps of registration, one should acknowledge that if a person is filing a complaint for compensation as provided under sections 12, 14, 18, and 19 of the RERA Act 2016, that complaint may be addressed to the adjudicating officer in the prescribed form i.e. Form COA. Conversely, if a person is filing a complaint for violation of any other provisions of the Act or the rules and regulations made thereunder for instances like seeking refund of deposited amount to builder, seeking delay possession charges (DPC), arrears towards assured rentals the complaint may be addressed to the HRERA Authority in the prescribed form i.e. Form ‘CRA.’

To register a complaint under HRERA, follow these steps:

  • Access the homepage of Haryana RERA and select the option of complaint registration.
  • Select the appropriate authority under which you want to register your complaint.
  • Fill out the Complaint Registration form by following all prescribed steps.
  • Upon submission of the Complaint Registration form, an online complaint number will be generated. Retain this number for future reference.
  • Proceed with the payment of the requisite fee. Presently, the fee is Rs 1,000 per complaint, with an additional charge of Rs 10 per annexure. Payment should be made via demand draft in favour of the Haryana Real Estate Regulatory Authority.
  • Print the acknowledgment page following the HRERA payment for your records.
  • Print the Registration form (i.e. Performa-B) from the HRERA portal and prepare (one + number of respondents) copies of this detailed form.
  • Detailed drafting of RERA Complaint in a particular format as prescribed in the regulation dated 16.02.2018 and thereafter making (One + number of Respondent set of the complaints) and attach it with the Registration form (i.e Performa-B).
  • Attach a copy of the HRERA certificate confirming that a self-signed copy of the complaint has been sent directly to the respondent. Include this certificate with the complaint.
  • Physically deliver One + number of respondent copies of the set, including the Complaint Registration Form, Annexures, Demand Draft of Fee Paid, Detailed Typed Complaint, and Self-declared signed certificate, to the Authority’s office either in person or by post to the specified address.
  • Once, the abovementioned procedure is duly complied with and the complaint is registered, then to check the status of the complaint, click on “Search complaint” under complaint registration and a window opens wherein, select the case/appeal authority, enter the case number, the case year, captcha, and press “search.”

 

Conclusion

HRERA has significantly impacted the real estate market in Haryana by instilling greater confidence among home buyers through enhanced transparency and accountability. The mandatory registration of projects and the requirement for developers to maintain financial discipline have helped reduce delays and ensure that projects are completed in a time-bound manner. The efficient grievance redressal mechanism provided by HRERA has also ensured that disputes are resolved quickly, which boosts buyer confidence in the qua judicial bodies.

It is advisable to seek professional advice while drafting these complaints as the fate of the complaints depends on sound drafting of the complaint and presentation of the case before HRERA taking into consideration the technical statutory laws and prevailing judgements guiding the HRERA.

Partner: Tarun Biswas

Associate: Shantanu Garg