Last Updated on March 4, 2019 by Legalseva.net
It has been more than a year that Haryana Real Estate Regulatory Authority (RERA) Panchkula and Gurugram has started functioning and disposing complaints as fast as possible. Though the Real Estate Regulation Act, 2016 provides stipulated 60 days for the disposal of complaints.
But before one makes a conscious decision about filing a complaint with Haryana RERA Panchkula Authority, one must decide nature/type of complaint.
Also Read-HOW TO FILE COMPLAINT IN PANCHKULA-RERA
The Complainant has two options here:
1 If seeking refund/withdrawal from the project along with Interest, then file complaint with the Haryana Real Estate Regulatory Authority which is Form M.
2 If seeking only compensation on account of delay where a considerable loss has been done (remember you have to lead evidence for the loss), mental harassment and agony and litigation costs, then you can file Complaint with the Adjudicating officer which is Form N.
Further, Section 14(3) of RERA Act protects homebuyers, consumers for five years for any workmanship, quality, defects or any deficiency in services from the date of possession taken. The Authority has held it in various judgments that possession without Completion Certificate/Occupation Certificate can’t be held to be a legal possession and thus can be challenged before the authority.
Also Read- FAQS RERA PUNJAB HARYANA PANCHKULA
Section 14(3) for your perusal:
(3) In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.
The Haryana RERA Authority has settled the controversy regarding the jurisdiction to decide the complaints for non-compliance of obligations casted by the RERA Act, 2016 in Simmi Sikka vs. EMAAR MGF Land Ltd.
The relevant section from RERA Act is 34(f) as stated below:
(f) to ensure compliance of the obligations cast upon the promoters, the allottees and the real estate agents under this Act and the rules and regulations made thereunder;
Also Read- 10 Things You Should Know About RERA Panchkula
Now the steps/procedure for filing the complaint with Haryana RERA Panchkula Authority:
1 Visit the RERA Panchkula website first. https://haryanarera.gov.in/ Select HRERA Panchkula option from website and move on.
2 As stated above, Decide whether Registration of Complaint with HRERA Authority or Adjudicating Officer i.e. Refund with Interest or Compensation Only?
3 Fill in the details as required by the authority- Name, State, Email, Address, State, District, Pin code, Landline, Mobile. You will get an OTP to verify and then punch the details of Respondents after verifying.
4 In the similar manner fill the details of Respondents.
5 It is highly recommended for you to take assistance of top/best/expert RERA Panchkula Haryana Lawyer as his details are also to be required to be filled along with the complaint if you are engaging an advocate for RERA case. You may also seek free legal advice from him regarding the RERA property matters or builder delaying the possession.
Also Read- Completion Certificate and Panchkula RERA (HRERA)
6 Once your complaint is filed online, take the print out of Proforma B which contains all the next steps of action i.e. file the complaint physically along with Demand Draft within 30 days at Haryana RERA Panchkula Offfice – Mini Secretariate New Office Block 2nd & 3rd Floor, Sector 1, Panchkula, Haryana 134109.
7 Remember, you need to send an Advance copy of the complaint to respondent first and furnish the certificate of same to Authority as a proof. For procedural assistance, do ask for legal advice in RERA matters.
8 Once your complaint is accepted, you will be given the diary number for your reference and you should keep checking updates regarding the complaint online on RERA Panchkula website.
9 The RERA Panchkula Authority sends Notice to the Respondent on their own as well and case is directly fixed for Arguments on first date as the notice from authority clearly states that reply has to be filed before the authority before first date of hearing and same may also be sent to complainant. So, the Authority/Adjudicating officer is able to resolve the complaint within 30 days as stipulated.
Also Read- APPEAL TO HARYANA REAL ESTATE APPELLATE TRIBUNAL AT CHANDIGARH
10 Next, the case gets fixed for the final arguments where you will make out a case for refund or compensation which will be denied by respondents obviously. Then RERA Panchkula Authority reserves the order and later after 10-15 days upload the judgment on the website which can be checked by you as well. So, this is the entire journey of your complaint with RERA Haryana Panchkula Authority.
In case you are dissatisfied with the orders/judgment of Haryana RERA Authority Panchkula and Gurugram, you may appeal to Haryana RERA Appellate Authority at Chandigarh where your appeal may be heard afresh based on the grounds of appeal.
So here also, you may seek free legal advice or opinion from expert RERA Lawyers who will be guiding you best in appeal before RERA Appellate Authority in Haryana for Panchkula and Gurugram benches.
Also Read- Haryana RERA Appellate Tribunal for Panchkula & Gurugram Authority
Hope the steps/procedure for making a complaint before Haryana RERA Panchkula Authority is clear. For more info on the subject, please dial 99888-17966. This post is written by Advocate Satish Mishra.
