Registration of Complaints under the Uttar Pradesh Real Estate (Regulation and Development) Act (UP RERA): Best Property Lawyer Advice
“A lot of property disputes happen in the ongoing real estate projects wherein homebuyers and investors invest their money however these properties and projects are struck for one reason or the other. The best legal advice on property laws should be obtained in such cases from the best property dispute lawyer and complaint should be filed under RERA. The registration of Complaint under RERA can also be done by a Non-Resident Indian who can obtain NRI Legal Services by way of online legal consultation from the best real estate attorney in India.”
The UP RERA permits the Buyers, Real Estate Promoter and Real Estate Agents to make complaint under the Act to safeguard their interest. The said complaint can be against un-registered projects or by allottees of the registered projects or for compensation. There are provisions in UP RERA for filing of complaint and it can be made online too. In this article, the procedure for registration of complaints in UP RERA is discussed.
Filing of Complaint under the UP RERA
The Government of Uttar Pradesh has launched an online portal for filing of complaints of allottees, real estate agents and promoters. If a buyer is not satisfied or found that any agent, builder or promoter has infringed any provision of RERA or not performed their obligations as per the agreement entered into, then the buyer can file for complaint under the UP RERA. The complainant can make offline or online complaint as preferred by him/her.
Section 31 of the RERA Act permits an aggrieved person (cab be buyer, promoter or agent) to file complaint against the other party. For this, the complainant first needs to register himself/herself on the said online portal in case of online complaint and in case of offline complaint, the complaint can visit the Lucknow or Gautam Buddha Nagar RERA office.
Step by Step Procedure to file Complaint
1. The complainant needs to visit the official website of UP RERA Authority i.e, http://up-rera.in/complaint and login there
2. Click on the menu bar and search for the option “Complaints”
3. After opting for “complaints”, the complainant needs to look up for “Register Complaint” and there register the complaint
4. To register a complaint, fee is to be paid. The charges for same is Rs. 1,000 and then a complaint number will be generated by the authority.
This complaint number afterwards can be used by complainant to track the status of his/her complaint. There is a helpline number provided too in case of any query.
On online portal of UP RERA, in complaints section there is option for complaint for compensation too. Section 12, 14, 18 and 19 of the RERA Act permits the aggrieved person to make complaint for compensation. So, if a buyer is specifically making a complaint for compensation, then it is advisable to opt for that ‘complaint for compensation’.
On registration of complaint, the complainant can check the status of his/her complaint by visiting the ‘Complaint’ section of UP RERA and clicking on ‘Complaint status’. After entering the complaint number generated by authorities and captcha, the complainant can see the status of complaint like show cause, hearing etc.
In case if a complaint is made offline, then the complainant has to visit the Lucknow RERA office or any other UP RERA branch. The concerned officer is to be approached and given the complainant number, then they will provide the complainant with the complaint status.
Section 32(g) of the RERA Act encourages conciliation to solve the dispute between the parties through settlement. UP RERA also provide for conciliation forum and set up 18 different stations in the state. There are expert conciliators to settle the dispute amicably.
If a user opted for conciliation forum option, then the procedure is different. Firstly, it asks the user to register as a new user and then login. Through the mechanism of independent deliberation the dispute between the allottees and promoters is solved by the conciliators.
The point to be noted is if the same matter is pending other court or authority like Consumer Dispute Redressal Commission then the complainant first has to withdraw the matter from there as Section 71 of the RERA Act demands for it. It says that where the complaint is in respect of Section 12, 14, 18 and 19 and is pending before Consumer Disputes Redressal Forum, Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, with the permission of such forum where the matter is pending, the complainant needs to withdraw the matter then apply for adjudication of his/her case before UP RERA.
Therefore, it can be easily construed that RERA hs given a lot of powers to the homebuyers and investors who can file their complaints under RERA for their struck properties and struck real estate projects. An online legal consultation can be availed before filing the case.
The process for filing of complaint under the UP RERA is easy and for safeguarding the interest of buyer. After the complaint is filed and matter is adjudicated, there is Execution Tracking module too facilitated for watching over the execution of Court’s order.
Authored By: Adv. Anant Sharma & Anjali Swami