Remedies under RERA

  There are basically two authorities empowered to hear original applications under the Act:- 

1. Real Estate Regulatory Authority; 

2. Adjudicating Officers. 

*Appeal from decisions of such authorities’ lies to Real Estate Appellate Tribunals and from its decisions to High Court under the Act.

Application of the Act (RERA):- 

The RERA Act and its remedies are only applicable to “allottees” as defined in the Act. Allottee includes any person who has purchases or to whom any interest in flat, plot or building is transferred by promoter. It only applies to person who has purchased flat or apartment under construction from promoter and does not include person to whom is subsequently sold by original allottee after its completion of construction and obtaining requisite approvals. 

*However in such cases where the builder or promoter has not complied with any obligations under the Act, the subsequent purchaser can avail remedies under the Act against such promoter in view of Author. 

Applications & Grounds for Remedies under RERA:- 

Sr. No.	Section	Application/ Compliant to which Authority/ Orders passed by which Authority	Application for Remedies on the Ground of:-
1.	3(1) proviso	RERA	Application if the promoter fails to obtain registration of existing projects within 3 months and shall not advertise new projects prior to registration with RERA.
2.	3(1) read with 4(1)	RERA	Application if the promoter advertises new project in any form including brochure pamphlet’s etc. without obtaining registration and does not disclose address of website etc. on its advertisements.
3.	6	RERA	Application if the promoter fails to obtain extension from RERA due to delay in the completion of projects beyond the original date of possession.
4.	7(1)	RERA	The Authority may revoke the registration, after being satisfied that—  (a) The promoter makes default in doing anything required by or under this Act or the rules or the regulations made thereunder;  (b) The promoter violates any of the terms or conditions of the approval given by the competent authority; and  (c) The promoter is involved in any kind of unfair practice or irregularities.
5.	9(2	RERA	Application against Real Estate Agent for acting as such without prior registration with RERA.
6.	12	Adjudicating Officer.	Application to recover loss or damage from Promoter caused due to misinformation or false statements in any advertisement material.
7.	13	RERA	Application to compel promoter to execute and register sale agreement if allottee pays consideration of more than 10 percent of the sale consideration of such flat or apartment.
8.	14	Adjudicating Officer.	Application for Compensation for any structural defect, defect of workmanship, quality of services or default in complying with any obligation by the promoter.
9.	18(1)	Adjudication Officer.	Application for refund of amount paid with interest and compensation for failure by promoter to give possession as per agreement.
10.	18(2)	Adjudication Officer.	Application for compensation for defective title to land on which project is developed.
11.	18(3)	Adjudication Officer.	Application for compensation for promoter failing to discharge any obligation under Act, Rules or Regulations.
12.	19	Adjudication Officer.	Application for compensation for not providing allottee with information with respect to sanctioned plan etc., stage wise completion of project or possession of flat/apartment etc.
13.	19(7)	Adjudication Officer.	Application by promoter for claiming, declaring or adjusting interest due to him for delayed payments
14.	35	RERA	Application to conduct inquiry into the affairs of promoter or allottee or real estate agent when such person is acting in violation of act, rules and regulations and/or defeating the objects of the Act.
15.	39	RERA	Application for amendment of order with a view to rectifying mistake in the order apparent on the fact of the record.
16.	44(1)	Real Estate Appellate Tribunal	Appeal against decision of RERA or Adjudicating Authority to be filed with concerned Real Estate Appellate Tribunal.
17.	44(6)	Real Estate Appellate Tribunal	Application for calling of Records of Proceedings and other records of RERA or Adjudicating Officer to dispose of the Appeal pending before Real Estate Appellate Tribunal.
18.	71(1)	Adjudicating Officer	Application for transfer of case from consumer forums by withdrawing the same for non-compliance of the provisions of the Act in respect of matters covered under Sections 12, 14, 18 and Section 19 of the Act.
19.	58(1)	High Court	Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court.

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