• Kerala RERA complaint

Which are the authorities that we complain to in regards to a building project in KOCHI, KERALA that has structural defects within 5 years of handing over? What are the types of complaints or compensation that come under the ambit of a`) RERA authority, b) Adjudicating Officer, c) Appellate Tribunal. Which authority do we approach for interest on amount paid? Compensation for delayed delivery and for delivering a faulty product in a project that cannot be deemed complete as yet . The competion certificate from Muncipality was issued on 2nd Feb 2018 and the project is not yet registered with RERA. What is the difference and significance and importance of the ' M' form and 'N' form and which is the authority to whom these forms are to be submitted.. Which authority provides compensation for mental agony & irreparable losses? Can one approach consumer court alongwith RERA? Can form N be submitted even when the project is not registered yet?
Asked 5 months ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

You cannot approach both consumer forum and RERA 

 

2) you can file complaint before consumer forum if there is structural defect ,seek litigation costs and compensation for mental torture undergone by you and also others to rectify the defects 

 

3) in alternative file complaint before RERA 

 

4) Section 14(3) of the RERA Act, 2016 provides the remedy to the allottees in case of any structural defects incurred in the five years from the date of giving the possession then the promoter is liable to rectify the defect at his own cost.

Ajay Sethi
Advocate, Mumbai
96030 Answers
7714 Consultations

5.0 on 5.0

Considering the facts presented, your complaint will be entertained by the State RERA authority, no matter whether the project was registered under the RERA or not. There is a recent Madras High Court judgment on the jurisdiction of the RERA authority on such projects. Lodge a written complaint. You may agitate the issue before the consumer court as well. Engage a competent lawyer and proceed according to his/her advice.

Swaminathan Neelakantan
Advocate, Coimbatore
2883 Answers
20 Consultations

4.9 on 5.0

You can seek compensation for mental torture undergone by you and litigation costs and also orders to direct builder to remedy structural defects 

 

2) Form M is restricted to defects only, while Form N includes compensation. The specific rules and regulations for filing complaints under RERA may vary by state, and complaints must be filed within the prescribed time limit for a project registered under RERA.

 

3) AWHO is liable to remedy defects and also pay compensation and litigation costs 

Ajay Sethi
Advocate, Mumbai
96030 Answers
7714 Consultations

5.0 on 5.0

Home buyers can file a RERA complaint against a builder, developer, promoter, or real estate agent for any violation or contravention of the provisions mentioned under the RERA Act.

It is a convenient and hassle-free 

Approach the Consumer Court and file your petition, which should contain precise details of the builder, yourself, builder-buyer agreement, proof of payment, your particular grievance, property details, and the type of compensation you are seeking.

The Defect Liability Period, also known as the home warranty, is a clause in the Real Estate (Regulation and Development) Act, 2016 (RERA), that makes the developer responsible for fixing any structural defects in a property for five years from the date of possession.

Buying a property not registered with RERA poses significant risks for the buyer.

Without RERA registration, there's a lack of regulatory oversight, potentially leading to disputes, delays, or even fraud.

The RERA Act, however, does not apply to projects that have already been completed or for which a completion certificate has been obtained.

Therefore you may approach consumer redressal commission with your complaint against the builder 

T Kalaiselvan
Advocate, Vellore
86230 Answers
2289 Consultations

5.0 on 5.0

Form M and Form N are two forms used in RERA for filing complaints and applications to the Adjudicating Officer, respectively.

he main difference between Form M and Form N is that Form M is used for filing complaints related to defects in the project, while Form N is used for filing complaints related to compensation under section 31 read with section 71 of the Act.

RERA provides home buyers the option of seeking interest on delayed possession or a complete refund with interest. 

If a builder unilaterally alters the possession date, buyers can withdraw and claim a refund within 45 days.

The RERA Act has a limitation period of one year from the date of possession, so it is important to act promptly.

The AWHO  means Army Welfare Housing Organisation is a society formed in December 1978 under the Indian Societies Registration Act XXI of 1860. The aim and objective of the Organisation is to construct houses for serving/retired Army personnel and their widows in selected stations throughout the country.

However the AWHo is not a government body or under the control of government .

T Kalaiselvan
Advocate, Vellore
86230 Answers
2289 Consultations

5.0 on 5.0

Dear Client,

Complaints related to structural defects, delayed delivery, compensation, etc., can be filed with the RERA Authority. The RERA Authority can provide relief for various issues, including compensation for delayed delivery, interest on the amount paid, and compensation for faulty products. You can approach the RERA Authority for compensation for mental agony and irreparable losses.

The Adjudicating Officer is appointed under RERA to adjudicate on the complaints and impose penalties if the builder fails to comply with RERA orders. Complaints can be escalated to the Adjudicating Officer if the parties are dissatisfied with the decision of the RERA Authority.

The Appellate Tribunal hears appeals against the orders of the RERA Authority or the Adjudicating Officer. If you are not satisfied with the decision of the RERA Authority or Adjudicating Officer, you can appeal to the Appellate Tribunal.

Form M is for making a complaint to the RERA Authority. Form N is for filing an appeal to the Appellate Tribunal. The limitation period for submitting a complaint to the RERA Authority is typically within five years from the date of completion of the project.

If AWHO is involved in delivering a faulty product, they may be held liable for compensation under RERA. AWHO, being a government organization, may also have additional responsibilities and liabilities towards the allottees.

If the building is beyond economic repair due to structural defects, the builder may be liable to demolish and rebuild it, subject to the orders of the RERA Authority or the court.

Anik Miu
Advocate, Bangalore
9754 Answers
113 Consultations

4.9 on 5.0

The RERA Authority allows complaints regarding structural issues, delayed delivery, and compensation, offering relief such as payment for defective products, interest, and delayed delivery reimbursement.

In your case, the completion certificate from the municipality was issued on February 2, 2018. The act was implemented in 2016. So the projects that are already finished or for which a completion certificate has been received are not covered by the RERA Act.

So better approach the consumer forum .File a petition in the Consumer Court detailing the builder, yourself, builder-buyer agreement, proof of payment, grievance, property details, and desired compensation.

Ajay N S
Advocate, Ernakulam
4084 Answers
111 Consultations

5.0 on 5.0

For structural issues 5 years from date of possession in rera 

Prashant Nayak
Advocate, Mumbai
32301 Answers
191 Consultations

4.1 on 5.0

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