Filing of
Complaints and Jurisdiction of the Authority under RERA
Who can file a complaint under RERA?
As
per Section 31 of the Real Estate (Regulation and Development) Act, 2016 read
with Rule 6 of Maharashtra Real Estate (Regulation and Development) (Recovery
of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and
Appeal etc.), any aggrieved person having any interest in the project can file
a complaint with the Authority or adjudicating officer.
Aggrieved Person under RERA:
As
per explanation provided for sub-section (1) of Section 31, “Person” shall
include the association of allottees or any voluntary consumer association
registered under any law for the time being in force.
Thus,
any aggrieved person belonging to any association of allottees or voluntary
consumer association registered under any law for the time being in force can
file a complaint under RERA.
Reason for filing of complaint
under RERA:
Complaint
can be filed for any violation or contravention of the provisions of the Act or
the Rules and Regulations made thereunder, against any promoter, allottee or
real estate agent as the case maybe.
Forms and fees for filing of
complaints:
·
Form
A to be filed by any aggrieved person having any interest in the project accompanied
with a fee of Rs. 5,000/-
·
Form
B to be filed by an allottee, to claim compensation under Sections 12, 14, 18
and 19 of RERA accompanied by fee of Rs. 5,000/-
Filing complaint with Appellate
Tribunal:
·
Form
C to be filed for appeal to appellate tribunal against the order of the
Authority.
Conclusion:
Recently,
a complaint was filed by Mr. Ishtekhar Yusuf Shaikh against Dhruva Woolen Mills
Pvt. Ltd. for violation of Section 4 of RERA and Rule 3(2)(c) and 3(2)(e) of
Maharashtra Registration Rules, 2017. In that MahaRERA was of the view that
since the complainant was not an aggrieved person, he had no locus standi to
file the complaint. Also, the authority has no jurisdiction to hear Public
Interest Litigation (PILs) filed before it.
The
authority examined the complaint filed by Mr. Ishtekhar and directed the
respondent promoter to rectify the discrepancy for which the complaint was
filed.
The
copy of the order can be downloaded from the following link:
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