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How to File Complaint in Panchkula-RERA

Panchkula RERA

H-RERA in short, Haryana RERA has brought gamut of facilities for home owners and real estate sector facilitators. With H-RERA 60 day window to resolve the builder-buyer dispute is the key attracting point for home buyers seeking redressal under Real Estate Regulation Authority, 2016. View the notification here.

Also Read- Builder Delaying Possession. What is your Right?

For Haryana, there are two RERA Authorities. Lets us see Jurisdiction area wise:

  1. Panchkula RERA - For all cities in Haryana. Real Estate Projects.
  2. Gurugram RERA- For Gurugram only. All the real estate projects in Gurugram covered under this authority.

Complaint in these H-RERA authorities both Panchkula & Gurugram can be made regarding the following:

  1. Delay in possession
  2. No refund from builder
  3. No compensation for delay as promised
  4. Delay in registry of the house or flat.
  5. Unnecessary demands by builder for miscellaneous expenses.
  6. Non- payment of penalty for delay etc.

Also Read- Consumer Court- A Quick guide for Tricity

H-RERA has three level s of Consumer Redressal; RERA adjudicating officer (RAO), Haryana RERA Authority (HRA), H-RERA tribunal for Appeal from first two authorities.

  1. RERA Adjudicating officer (RAO)

1 Claim of Interest and Compensation as written in the builder buyer’s agreement.

2 Complaint can be filed under Sec 12, 14, 18, 19 of RERA Act, 2016

3 Form CAO in triplicate before RAO. Download it here.

4 Fees as per Schedule-III which is Rs. 1000 plus Rs 10 per annexure. Demand Draft and Cheque    accepted mode of payment.

Also Read- How to Make Complaint under RERA

The complaint has to be disposed within 60 days by RAO, or else record the reasons for the extension of time.

     B. Haryana RERA Authority (HRA)

      1 Complaint regarding violations regarding RERA Act, RERA Rules and Regulations can be made before this authority.

     2 Except those complaints that can be filed with RAO, can be filed here with HRA

     3 Form (CRA) in Triplicate. Download it here.

     4 fee as per Scehedule - III Rs 1000 plus Rs 10 annexure is the fee.

Also Read- RERA in Punjab

Note:  HRA has to dispose the complaint within 60 days or record reasons for the extension.

 

C. RERA Tribunal-where appeal from RAO & HRA lies.

1 RERA Tribunal is second appellate authority for RAO & HRA. Any party aggrieved by the order of both the authorities can apply here.

2 Orders of RAO & HRA can be challenged here.

3 Apply in Form 'AAT'' in triplicate. Download it here.

4 Appeal  has to be filed within 60 days of the order of RAO & HRA.

5 The Fee 1000 plus Rs 10 as per Schedule –III of the act.

Note : Disposal in 60 days or record reasons for the delay in disposing the complaint.

Also Read- RERA in HARYANA

Important Things to consider before filing the Complaint in Panchkula RERA or Gurugram RERA

1. It is very important to file the complaint in prescribed format then only notices are issued or else the complaint is returned to applicant. Notices to respondent be sent within 21 days of hearing.  The respondents have to file reply on facts alleged with evidence. Complainant can also submit it on the website before complaint if it is functional (Not now). Complaint will be given registration number and will be heard serial wise.

2. If the complaint is not in proper format than to re-file it in 15 days. H-RERA rules already notified by the government, you may view it here. Even the project that has not received occupation certificate (OC) will come under its purview. Even the project that has received part OC - only the new part under RERA. Old part of project will be out of RERA ambit. Panchkula bench had its first hearing on Thursday (Feb 8) as media report by MoneyControl.

Where is the H-RERA or Panchkula RERA Office ?

Address : Executive Officer , RERA , Huda complex, (central block) , Sec -6 , Panchkula, 0172- 2583132

EMAIL- officer.RERA.hry@gmail.com.com

What is the fee for filing complaint in Haryana RERA Authorities?

Fee for filing appeal at all 3 levels is 1000 each by dd or bank cheque drawn to the Haryana RERA Authorities.

Also Read- Legal Notice Before Consumer Complaint

Those builder who had applied earlier before act being notified for CC (Completion Certificate)/OC (Occupation Certificate) or part of it are exempted from RERA. Thus pending projects cannot be penalised for RERA guidelines. Haryana Government is having soft approach towards builders.

Ongoing projects have to be registered, Bombay High Court has categorically said it, those who don't have CC or OC at the time of notification, then it is an ongoing project. State Government has selectively put many projects outside the ambit of RERA on ground of Part OC/CC.

Haryana government purposely  changed the definition of ongoing project as many projects are left outside Haryana RERA (H RERA) that includes Panchkula RERA & Gurugram RERA Authorities.

After Punjab and Haryana High Court, Chandigarh judgment, ongoing projects have to come under the umbrella of RERA at the earliest. This will bring succor for the home residents/home owners. Still H-RERA is a distant dream and to be fully functional, it will still take some time. All eyes of consumers are now on the Haryana RERA Authorities for quick disbursal of justice.

Also Read- Company refusing to pay Health Insurance? Remedy is with consumer Court.

The Haryana RERA or H-RERA website is still not operational. So if you are searching for it, please don't. State Government of Haryana lackadaisical attitude towards consumer has drawn from flak from its residents. Apart from appointments, H-RERA should start working in the interest of consumers as soon as possible. 

From the Google News:

  1. Haryana RERA benches yet to take shape by FinancialExpress on Jan 25, 2018.
  2. India, Japan firms’ JV fined Rs. 30 lakh by H-RERA by TimeOfIndia on Mar 28, 2018.
  3. HUDA under H-RERA purview, allottees can file complaint by TimesOfIndia on Mar 23, 2018.
  4. RERA notice to Mayfield Garden developers over state of amenities by HindustanTimes on Apr 8, 2018.

Also Read- Best Consumer Court Advocates, lawyer and Legal Advisors.

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