The advent of RERA has proved to be a paradise for many Allottees who can now
approach their respective state Real Estate Regulatory Authorities easily in
case of a grievance that falls within the ambit of the Real Estate (Regulation
and Development) Act, 2016. This process is now possible on the click of a
button by just accessing the RERA website and entering the details of their
grievance in a standard format which is already available on the RERA website.
On submitting the complaint form and paying the requisite fee, the Allottees
receive a complaint confirmation in the form of an acknowledgment number which
can be used for regular appearances and follow up of the complaint.
Nevertheless, it cannot be denied that the whole process of filing and
prosecuting a RERA complaint remains a legal process in the end and involves
application of technical knowledge, expertise and experience at each stage viz a
viz deciding the remedies available in view of the mischief in hand, effective
use of applicable provisions of the Act, placing the material facts on record,
representing them before the Adjudicating Officer or Authority, filing required
/ relevant documents at different levels of the complaint, defending the
opposite side's plea effectively and so on. Inadequacy in handling the complaint
due to lack of knowledge and legal skills may lead to adverse order/s, in turn
worsening the situation for an Allottee and throwing him into an unending circle
of litigation.
To avoid such a situation, it is essential that Allottees seek advice and
regular consultation from specialized professionals. Hiring a professional
helps the Allottees to view the situation from a legal perspective, identify the
right reliefs and in some cases, set up a mediating neutral zone between the
Allottees and Developers. The benefits of seeking professional assistance from
experts can be experienced only after hiring them. Hence, it is crucial that
Allottees engage professionals at the consultation stage and based on their
personal experiences and analysis of the consultation session, choose to move
forward with expert level services.
The Allottees must actively understand filing of a RERA complaint and the
resultant order is going to be a turning point for the fate of their dream home
and the suffering caused by an unfavorable order can be resolved only by
initiating yet another round of litigation in the Real Estate Appellate
Tribunal.
Therefore, it is essential that a complaint filed with the RERA is not handled
with a doubtful approach or on the strength of hear say knowledge. Hence, any
person filing a RERA complaint must refrain from taking the chance of proceeding
with the complaint without professional help, filing a rough and emotionally
affected complaint just because the filing methodology has been made easier,
approach the Authority with the over confidence of obtaining a good order just
because someone is an Allottee, submit incomplete documentation, present
themselves before the Authority without knowing appropriate procedures and
decorum of the court, etc.
By engaging professionals, the Allottees will feel secured as the
professionals may help them to:
- determine whether you have a case or not
- come up with plans for solving immediate and future problems
- represent efficiently before the Authorities
- answer all your questions
- feel stronger in the face of challenges
- respond well to unforeseen e-mails / letters from Developers or
financial institutions
- change behaviors that hold you back and show a way forward
- look at ways of approaching an argument that affect your mental
stability
- build self-confidence
- Make a list of possible outcomes and ways to handle each one of them
Finding Experts
- Get names of legal professionals and real estate consultants from the
internet or friends or through professional websites like Linkedin.
- Talk to more than one professional before choosing, if possible
Getting Started
If you've never been to a legal service provider, it can feel doubtful to engage
one. Knowing what to expect and following a few suggestions can make it
easier. Before you call or meet the professional, prepare a list of questions
regarding their experience in the field, their approach and method of
approaching the case, specialization that they have, what do the services cost
and if the cost suits your budget.
The most important benefit of engaging a professional in your complaint is that
you will have expert level support and help through all stages of your complaint
and any chance of prosecuting the complaint with speculations and doubtful
probabilities gets negated.
For queries, contact author at
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