November 3, 2017

How to file online complaint against builders under RERA?

RERA is now a reality and hence if you have any complaints against your builder, then how to file an online complaint against builders under RERA? In this post, I will explain you about the process of complaint against builders under RERA for Maharashtra and Karnataka States.

We all know that with certain stringent rules under RERA, home buyers have an edge over the builders. If builders deviate from their promises, then now you have an option to knock the RERA.

Who can file online complaint against builders under RERA?

As per Karnataka RERA act “Any aggrieved person may file a complaint with the Regulatory Authority for any violation under the Act or the rules and regulations made there under, save as those provided to be adjudicated by the adjudicating officer, as per Form ‘N’ which shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a nationalized bank or a co-operative Bank in favor of regulatory authority and payable at the main branch of that bank at the station where the seat of the said Regulatory Authority is situated.

Hence, any aggrieved home buyer may file a complaint against any violation from the builder by paying Rs.1,000 as a fee for this (In Maharashtra it is Rs.5,000).

Also, do remember one thing that RERA is the act formulated by Central Government. However, it is purely a state matter. Hence, each state has formulated the law. Hence, you have to complain to the respective state RERA authorities only. You can also file a complaint against the agents who cheated you.

How to file online complaint against builders under RERA in Karnataka?

As I said earlier, RERA is state-level monitoring system even though designed and implemented by Central Government.

Almost all states now promulgated the RERA act. But here I am concentrating on Karnataka and Maharashtra state. Hence, let us start with the process of explaining how to file online complaint against builders under RERA in Karnataka.

The steps to file online complaint against builders under RERA in Karnataka is as below.

1) Visit the Karnataka RERA Complaint Registration Portal by clicking HERE.

file online complaint against builders under RERA Karnataka

2) You have to provide your personal details like name, contact number, email id or address.

3) Next, you have to provide the details of the respondent against whom you are complaining.

4) You have to provide the details of the complaint like Subject, facts you want to disclose. Along with this, you can upload the documents which you want as a proof of your complaint.

5) Now you have to pay Rs.1,000 as a charge against the complaint. You can pay the fee using internet banking using the link provided for the same using Khajane II. You can upload the Khajane II Challan as a proof of payment.

6) Finally, click on the declaration and click on “Submit” tab.

7) Once you click on submit, then you will receive an acknowledgement number. Keep this number for your future usage.

Alternatively, you can refer this simple video created by Karnataka Government regarding the procedure for registering the complaining. REGISTER COMPLAINT AGAINST BUILDERS ONLINE UNDER RERA.

How to file online complaint against builders under RERA in Maharashtra?

Exactly like Karnataka Government, Maharashtra Government also started the facility to file online complaint against builders under RERA. The steps are as below.

1) Visit MahaRERA where you can file online complaint against builders under RERA in Maharashtra. Then click on the link “Online Application”.

file online complaint against builders under RERA Maharashtra

2) The new window will open. There you select the option “New Registration”.

file online complaint against builders under RERA in Maharashtra login

3) Creating account is simple. You have to just provide details like User Type (As Complaint), Select state and UT, username, password, mobile number and email id. Once you submit create user tab, the account will be created and you will receive a confirmation email. Click on the activation link of the same.

file online complaint against builders under RERA in Maharashtra 2

4) Once you verified your account, then login to the portal. You will see that you can raise the complaint and also pay the fee online. The screen looks like below.

RERA Complaint in Maharashtra

5) Once you complete the complaint, then choose the payment option. The fee as of now is Rs.5,000. The mode of payment is NEFT or RTGS System or any other digital transaction mode.  (A complainant can also file complaint  offline at MAHARERA Desk in “ FORM A” provided by MAHARERA.). 

Once you submit the complaint, both the parties (you and the builder) will receive the notices from the authority to present their views.

Do remember that even builder or agents may complain against you also!!

Is there any time limit to resolve RERA Complaints?

Section 29 of the Act provides that complaints should be disposed of as expeditiously as possible but not later than sixty days from the date of filing the same. However, where it cannot be disposed of during the said period, the Real Estate Regulatory Authority is required to record its reasons for the same.

Based on this, the authority will award the verdict.In case, you are not satisfied with the decision or offer, you may file an appeal before the RERA Appellate Tribunal within a period of 60 days. From the date of the decision made by Appellate Tribunal, a person can also file an appeal to High Court within 60 days.

If you still not satisfied with RERA Appellate Tribunal order, they can file and appeal with the High Court fo respective states.

218 Comments

  1. Hi Basavaraj, need to know if there is any provision under maharera for this-

    Found out seepage issue in the new apartment prior to possession- communicated to the facility management team – they rectified it – took possession – again in few days the seepage re-accured – stopped the interior work for 3 months – re-rectified it – but within another 3 months again the seepage re-accured.

    Now the builder is not denying to rectify it but clearly they are unable to fix it or fixing it just to show they are fixing it.

    The project is under 5 year seepage/leakage warranty.

    Would like to know if there is any provision under maharera for such issues because i have given them sufficient time as a courtesy to solve, but seems like they aren’t seriously looking into solving this permanently.

    Few of the complaints are on email and whatsapp.. but they never replied that those are resolved..

    Thanks in advance.

    Reply
    • Dear Vivek,
      If the possession already took by you, then RERA will not come to the picture.

      Reply
  2. Does that mean that builder have rights to forefeit the assured returns and charge the penalty as well for the late payment for the same property if it is mentioned in the contract? Is penalising twice for the same unit legal under law of the land?

    Reply
    • Dear Sanjeev,
      If it is in the contract and you both parties signed then it is proof that you have given the consent. They put this point if you complain.

      Reply
  3. Hi,
    Thanks for the useful information provided. My case is as below-
    I have invested in Noida with a precondition of 11% assured returns with 50% advance amount for the office space and 25% payment after 9 months…Builder has not yet completed 5% of the construction, even after 1 year of the project start. Need clarifications on the followings-
    1. I delayed 1 month for the payment for 25% installment, expected to be paid after 9 months. Builder has not only blocked the AR for the default period (mentioned on contract), but is demanding the interest for the same period (NOT mentioned on contract), even after paying the 2nd installment. Is it legal to charge penalty twice for the same property under RERA or law of the land?
    2. Under the contract, AR payment commitment was to pay by 10th of the next months. In last 12 months, all the payment were received after 20th.

    Whats your suggestions to handle this? Shall I file a RERA case against this builder?

    Reply
    • Dear Sanjeev,
      1) and 2) Anything which is not under the agreement is illegal.

      Reply
  4. Thank you for your blog. I bought an apartment in pune in 2017 and now for two years we are facing serious problem from stp.Its Posing a serious health hazard to the residents and the stench from it is truly unbearable.The builder doesn’t seem to care at all .What can be done pl help

    Reply
    • Dear Nirupama,
      The only way for you is to fight a legal battle.

      Reply
  5. i need help . in mumbai puranik city builder make exhibition in mumbai chunbhatti ground. we attent that exhibition . then we cantact them and they told . all process. and they told us when you book now u got some discount and ur . loan also done our bankers provide u loan . 99% u no need pay any amount now only pay 54000 rs. and book ur room. i book my room in puranik builder projuct in neral mumbai .i that time i pay them 54000 Rs. after 1 month they call as and told as that attent our seminar in thane . our bankers guide u for loan. we attent that seminar that time they told us that we not provide u loan,that not posible .to u and now they not return mi my 54000. rs what can i do now plz tell me. they cheet with me. they and there team.

    Reply
    • Dear Satish,
      If everything whatever you told is true in the documentation, then you can go for legal option.

      Reply
  6. Hi. I booked one apartment under subvention scheme in sep 2015 with Metrozone in chennai. where I paid 15% and balance was paid through loan where’s Interest was served by the builder. The project was for 30 months but as in today the project has not even started. Now we want to cancel the apartment but there has been no response from the builder. He has defaulted on the Internet payment as well to the bank. It’s registered under rera. Let me know the way out
    Thanks
    Gopal

    Reply
  7. Hi Basavaraj,
    Thank you sharing information. My builder is not forming society it’s almost 2 years after completion of three towers of project but he is refusing to form society as he has to build two more towers. Can we complaint if he is not forming society.

    Reply
  8. While booking flat in 2016 we were shown revised plan, we have paid builder as per new plan and our registration was done based on old plan,having difference of additional 11 sq.mt. in new plan. Builder gave us a letter mentioning that he will execute correction deed once revised plan is approved, project was not registered at that time with RERA. Now builder has RERA registration and completion certificate with revised plan, but builder is refusing correction deed giving a reason that its not allowed in RERA. please advise next steps

    Reply
  9. Hi Basavaraj,
    We booked a flat in Mumbai in 2013 and still waiting for our OC. One of the reasons for not giving oc to our building was there was no parking facility provided. So to fulfil that builder constructed a parking tower just opposite to our side. It was never communicated to us about the parking tower being constructed just next to our wing. When my father visited we got to know about it. We asked about it’s height to our builder and he said it will be only till 5th floor and our flat is on 6th and It Wont block our view. But now it’s roof is just in front of our apartment and it’s blocking almost 40% of our view. Since we stay abroad and could not keep an eye on the construction. We feel we Were kept in dark and are cheated. Can we raise a complaint with RERA for this issue or can you suggest something?
    Thanks

    Reply
    • Dear Sachin,
      Try your luck by complaining. However, as this is already completed project, RERA may ignore it.

      Reply
  10. Hi Basu,
    I am dubai based nre. I have invested in under construction project in Taloja phase 2 in March 2017. The builder promised the possession date in March 2018 then dec2018. Finally the possession final demand letter was sent in January 2019 stating possession to start from Feb2019. We have cleared all the payment on time. For possession they invited us for inspection in April 2019. We found the flat having some minor technical glitches which builder agreed to repair. Major issue came when we found the flooring tiles completely different from the sample flat as shown at the time of booking. What can we do in this case. Kindly advice. Also builder asking for 2 years maintenance starting from April 2019 before the possession. What is your suggestion on this. Please reply.

    Reply
    • Dear Ejaaz,
      No option but to complain against the builder using RERA.

      Reply
  11. Hi Basu,

    I have done registration in Dec 15 with possession date as Dec 17. But builder has not handed over the possession to me. He has also mentioned possession date as Aug 2020 on RERA webstie.
    I am planning to raise RERA complaint for withdrawing from project. And want complete refund along with compensation.

    Do you have any excel template to calculate compensation that I am eligible for as per RERA rules.

    If you have have it then can you share it on [email protected]

    Reply
  12. Hi Basavaraj,
    I bought an apartment from VBHC.on 27th March.i paid 130000 as 5% advance and other 5% has to be givn at the time of possession.
    90% we had opted for loan frm indiabulls.
    Now the possession was supposed to happen in oct 2018 but due to the grace period given by RERA it has extended to june 2019.
    Now the problem is something else, now the deispersment of 90% was delayed from bank to builder and builder has charged OD on delay of payment now the builder is saying as he is not ready to wave off the OD charges and bank is also saying they had received the NOC late from builder. Due to which payment got delayed. Inbetween the builder and bank we have been harassed and not getting what to do next.
    Please suggest

    Reply
  13. Hi Basavaraj,
    I brought apartment in 2014 in Bangalore , now the surrounding is been acquired by reputed tech park builder and left this apartment all alone. Now the tech park builder is making use of apartment by storing building stuff and making the apartment dirty . Also the builder is not ready to sale the apartment for the price expected . And day by day they are troubling us and recently they demolish the compound wall without any notice . what should I do help me on this?

    Reply
    • Dear Nandini,
      If the project is already completed, then you have to knock the legal doors rather than RERA.

      Reply
  14. Dear respected sir
    I am booked a flat in Cisco mahanagar waluj ,dist Aurangabad , but builder change my plan after agreement to sale and which plan was registered in MAHARERA ,when I m going to office and his sals manager to asking a change the plane ,but they r not entertain me and give the solution to talk to beilder , regesterd plan in MAHARERA in my flat alloutted two balconies ,one for kitchen and one for hall ,but last week I was visiting a site actually only one balconies available for kitchen and not to given a balcony for drowning hall , and when I call to developer ,his not received my call kindly please guide me for how to resolve this issue

    Reply
    • Dear Datta,
      Try to resolve amicably. If they not budge, then approach RERA.

      Reply
  15. Hi Basavaraj,

    I have booked flat in Nallasopara west, I paid 45 % of Flat Cost and additionally Stamp duty registration cost to builder, but now Builder is giving follow date for stamp duty and registration. (Next week and Next week….)
    Suggest what to do.

    Reply
    • Dear Subhash,
      No need to wait and go ahead with legal procedure.

      Reply
  16. Hi Mr. Basavaraj,
    I have booked one flat in Faridabad September 2016 with one of the known builder and paid 10% of the booking amount of Rs 5.7 Lac (RTGS)as the project value was Rs 57 Lac.
    Thereafter i didn’t received any documents even following the sales team religiously but after booking of unit i received one mail for demand of another 20% with a high project value of RS 61.99 Lac.
    when i asked them why the unit price has been differ for Rs 57 lac to Rs 62 Lac they keep on misguiding me with different different excuses. when i said i will never with go with this project they said your full money will be forfeited and you will get nothing. i have not signed any agreement nor any business buyer deed. later i received one mail from them for discount of Rs 1 lac on total unit value. The company sales coordinator keeps on delaying my case by saying the below statements.
    1. If your booked unit will be adjusting with another customer we will refund your money
    2. You give us another reason for not taking this unit and write to us.
    3. Wait the management has taking decision on your unit and we will update you how much amount you will get etc ..
    I came to know that the builder has already sold my booked unit to another customer long time back and they are just wasting my time and they are not ready to refund my money…
    Please advise as i have not signed any deed nor i have any documents only i have whats app chats and mails as to prove..

    regards
    Aftab Alam

    Reply
    • Dear Aftab,
      I am not sure how you took such big risk of not having proper documents and giving money. Please consult the lawyer immediately at first.

      Reply
  17. Hi Mr. Basavaraj,

    I have bought a Villa 3 year before from a builder in Bangalore which is now at a final stage. There were few mistakes/faults in the construction (construction not made as per final drawing). Initially when I requested for change or compensate, Builder has agreed to compensate. Recently, I have requested builder to correct one of the faults (shifting of window as per drawing) so that I can release the payment. He’s neither confirming to shift the window nor responding on compensating. In fact he’s forcing me to go for registration without completion of Villa. Also threatening to cancel the Villa if I do not release the payment. 80% of payment is completed. He has raised the demand for 10% payment (last 10% installment has to be paid during registration). What is the solution for me if he tries to cancel my Villa on the basis of holding the payment. I have asked him only to confirm to the modification to release the payment. I have already invested around 6 lakhs for additional interior work in the Villa. As on date Builder has delayed to deliver the Villa for almost 14 months. What should be the best option for me if he goes on for cancellation.

    Thanks,
    Mahesha P.S.

    Reply
      • Dear Mr. Basavaraj,

        Will RERA policies help me to
        – Not to allow builder to cancel & allow me to register the property after clearing builder dues and any adjustments for fault corrections.
        or
        – Is there any option to get back the additional investment I have personally made on interiors along with the value indicated in agreement for cancellation from builder side?
        Thanks,
        Mahesha P.S.

        Reply
        • Dear Mahesha,
          As it is under construction property at the time of RERA implementation, they fall under RERA. At least try your luck rather than thinking too much initially itself.

          Reply
  18. Hello sir,

    I booked a builder flat in Delhi on December last year 17 for 44 lacks, I paid a initial booking amount of 5 lacks(3 lacks cash and 2L neft)

    Since then I have paid 22 L mostly by check or neft to the builder ,15L mentioned in agreement and rest on his demend.

    But in the agreement the date of completion is not mentioned in print but is hand written and signed by his clerk.(31 July 18)

    Also in the agreement there is a clause that if the builder fails to deliver the aggred flat he will have to pay the double amount of what have been paid to him or will have to give the flat at the amount paid.

    Also the builder aggreed to not give the roof rights to any other flat owner.

    But now he heve bakced out out his promise and has sell the roof right to the owner of the land before who now owns the upper ground floor in that building

    On asking about this he first started making excuses then told us to withdraw form the project.

    I am not sure if we withdraw when will I get the money back or will he pay the interest also on that.

    Right now my flat is not complete yet so please suggest what will be the best action to take.and how much time will it take or what is the probability of success if I complain.

    Reply
    • Dear Vijay,
      Horrible story to hear. Please raise an issue with RERA also take the legal opinion and move ahead to the court.

      Reply
  19. Hello Sir,

    I have booked flat in Pune Maharashtra. My sale deed agreement was done in sub registrar office on Feb-2016 before RERA law implementation. As per sale deed builder mentioned possession date will be 30 months from sign of sale deed (Aug-2018). But still I haven’t received possession. Builder is agreed to pay me compensation of 1.5 Lac Rs and said possession will be given in June-2019. But looking at contraction progress I am doubtful that I will get possession in 2019 also. I have paid 83% of amount till date.He is saying that I will only get compensation amount only if I clear next demand letter of 3% but bank is not ready to pay due to delay in construction. I also cannot pay him as I have already did overpayment of own contribution.

    Here are my some queries:
    1) Can I file complaint in MahaRera as sale deed was sign in Feb-2016 and builder is registered same project under Maharera?
    2) Can I demand/get full refund of my amount with 9% of interest till date?

    Reply
    • Dear Rahul,
      You have every right to complain. Please go ahead and ask the refund along with the compensation.

      Reply
  20. Also I want to know whether I should raise complaint under Rera online or should I approach a lawyer.

    Reply
  21. Hi. I bought a flat in Bangalore Linea Sunflower in Jan 2017 project by paying Rs 31 lacs (95% of flat value. As per aggrement flat possession should have been given in August 2017. But it’s not still given & as per builder I can expect possession in Dec 2018 or Jan 2019 almost after 1 &1/2 year. I want to file a complaint for delay under rera against builder for compensation. I have read that customer gets compensation under rera as 10% interest on paid amount per annum. Also to which office I can approach to file complaint. Guide me in this matter.
    Thank you.

    Reply
  22. Hello Basavraj,
    I need legal advice on how to deal with Delayed project:

    I booked flat in 2012 December and completed registration in May 2014. According to agreement possession time limit was 24 months from agreement which was May 2016. However till date I did not receive possession. This has affected me financially and mentally.

    Last year while registering under RERA builder showed possession to Dec-2019.

    In Agreement there is term of 9% interest return on payment for delay. Now for 2 years approx. delay interest amount on 14+ lacs payment would go above 2 lacs. At the same time pending amount towards builder is approx. 3 lacs.

    Builder is asking for disbursement of 2 lacs for completed work. I am asking for final calculation of return money cause of delay and for remaining amount am ready to pay. I wanted to settle this amicably but builder is refusing to pay anything for delays from his side.

    Please find summary in below table:

    Booking Date 1-Dec-2012
    Agreement Date 21-May-2014
    Possession Mentioned in Agreement 21-May-2016
    Actual Possession proposed 15-Sep-2018
    Delay in Months 24
    Total Amount Disbursed 14+ Lacs
    Remaining Amount 3 Lacs
    Delay Fine term in Agreement 9%
    Amount to be received coz of Delay 2.5 Lacs

    Please suggest for further action:

    1) Should I disburse remaining amount before calculation and get written agreement on amounts to be received cause of delay ?
    If Yes, then what should be conditions I need to put in written
    If No, then when should i start process for refund due to delay ?

    2) Even if I paid remaining amounts and then again delay continued, what options are open for me?

    3) Will this affect on quality of work remaining ? How to deal with it?

    Thanks,
    Ranjit

    Reply
      • Thanks Basavraj, I am in process.
        I am in dilemma to raise complaint before or after possession.

        Reply
  23. Are you aware of any reliable consultant who can take care of filing case and with RERA and bring it to closure?

    Reply
  24. Hi, Our initial payment made towards builder Birla Apple Aroma is not being refunded as per the sale agreement clauses. We are requesting the builder to deduct the 15% as stated in the sale agreement and refund. The builder is refusing to refund and is stating that RERA is not applicable as he has not yet completed the project. As we have other financial commitments we have requested the builder to refund the amount with the necessary deductions per the sale agreement. Our requests have been rejected and we are asked to wait till a new buyer purchases the apartment. This has resulted in financial loss as we pay interest to the bank on the loan amount taken. Please confirm if this case can be filed under RERA ACT.

    Reply
    • Dear Anviksha,
      Yes, you can approach and file a complaint in RERA.

      Reply
  25. Ei have purchased a flat at Bangalore 2016,paid by bank loan last month.registration done.
    But the flat constructed by very poor quality materials
    All around the building and ceiling also full of cracks and leakage also there.
    Builder not registered with RERA ,
    How can we take action against builder. Advise me/us

    Reply
    • Dear Raja,
      It is hard to raise question after registration. But you can look for legal options by consulting a lawyer.

      Reply
  26. Hi Sir,

    I booked flat in Lodha Palava Lakeshore (Dombivali – Maharashatra). While selling flat sales person is not ready to show us actual flat even if it was ready to move. They show us sample flat and told us that actual flat was similar to this. Also they did not show us floor plan of it and took booking amount from us.

    Now after giving my 2 booking amount they share floor plan of it. In that I found the flat structure which is completely different which they show us before booking.

    Can you suggest what should I do in such case?

    Regards,
    Mr. Sangle

    Reply
    • Dear Sangle,
      I am not sure of what prompted you to BELIEVE on BUILDER or sales guys blindly. If it is a deviation to what it was told you earlier (in written), then raise a complaint with RERA.

      Reply
    • Sir, Similar has happened with me. Without a site visit, they are asking us to take possession. Please convey what all we need to check before we take the possession.

      Reply
  27. I bought a property with Prestige at X per sqft. Paid initial 3L booking amount, and found that there were lot of litigation on that property. Hence I asked them to refund my money. But Sales persuaded me to continue with booking as they had no issues till litigations are resolved.

    Litigations resolved after a year. They asked me to proceed payment.
    Real estate market had not recovered from demonitzation. I went their office and asked them for my account statement. They gave me X-300 per sqft as new price. I got everything on email writing and completed 20% of payment. When I asked them to execute sale agreement, they flipped back to original price of X per sqft, which came as a rude shock to me. I went to meet their head office for clarification, their Sales head put me under lot of pressure and got cancellation letter from me(I did so because he had agreed to process refund within a month). Its been close to 2 months now, they have not been giving me refund. Every time I call them, they are giving some or other lame excuses and telling that it will happen next week. All emails are going unanswered.

    Project is not covered under RERA.

    What is the best and quickest way to get refund from them?

    Reply
    • Dear Vaishali,
      The builder called as PRESTIGIOUS. This is a classic example that NEVER relies on a so-called self-styled PRESTIGIOUS BUILDERS. Try to look for some legal opinion in this matter with your lawyer.

      Reply
  28. Hi sir,
    I had booked an apartment in 2016 with KPR Properties/Carp Properties Bangalore, where we have paid up 90% of the total cost to the developer till date, but we are not getting the possession till now & not ready to give the possession date also, He has promised verbally to give the possession by JAn 2017 but now its more than a years still we are not getting the clear picture on the same,whatever the amount paid by the flat owners, the builder utilized for his personal use. Now its almost 5-6 years from the construction date of the apartment, again the builder is asking 100% funds to complete the building, Now we are paying the EMI to the bank & Heavy Rent , can we launch the complaint on RERA Act pleasse advise

    Reply
  29. I have booked my flat at Acme Oasis,Kandivli East and was expected the possession as per agreement and allotment letter on June 30, 2018. On May 15 2018 I received mail from builder that the possession will be in October 2018, however as per builders commitment i took admission of my both kids in Kandivli(east) paid around 3.5 lacs (son 3year and daughter 5year old) when i went to speak with builder he said to pay the remaining amount which is 25lacs rupees and then he will give compensation of 25000/month till possession and wants in writing that i will not file any compansation in case of further delay in project. I told them my bank had disbursed 90% of the flat amount and the remaining is 25lacs which can be received by bank as per demand which builder refused to raise aas the work is not completed. Now builder says i shall pay him 25lacs then he will pay me 25000/-PM rent with no further claims if project delays. Can i Complaint in Rera for Compensation

    Reply
    • Dear Parab,
      You please go ahead and complain against builder in RERA.

      Reply
  30. Hi,

    I had booked a commercial shop in 2017. Total value was 40L (under construction, handover by 2020). I have paid 10L till now as per their demand letters. Only booking agreement signed so far. I haven’t signed the sales agreement yet. Due to personal reasons I had to cancel my booking. In the booking agreement, builder has mentioned that he would refund 100% amount if he biys another buyer for it, but no deadline mentioned. How the builder is holding my 10L for very long despite me having cancelled my booking. I am need of my funds. Is there a way to deal with this? Can I file any complaint?

    Note: When I booked buillder was not under RERA. Now property is RERA registered

    Reply
    • I meant – In the booking agreement, builder has mentioned that he would refund 100% amount if he GETS* another buyer for it, but no deadline mentioned.

      Reply
      • Dear Mini,
        This is what is the catching here. No deadline means the biggest relief for the builder.

        Reply
    • Mini-They designed the agreement as per their wish and now you have to suffer. Try your luck either with RERA or by opting for other legal options available.

      Reply
      • Thanks. Will check what best I can do.

        Reply
  31. This was an interesting article that I have read till now. I come to know that there was an act called RERA in the real estate. This article helped me a lot. Thanks basavraj tongatti for sharing such an informative article.

    Reply
  32. Dear Sir
    Can I file complain to RERA for compensation on account of delayed possession after taking over the possession of the flat?
    And Whether there is a timeline for submission of complaint after taking over the possession?
    Regards
    TK Banerjee
    Mumbai

    Reply
    • Dear Banerjee,
      Yes, you can file a complaint against such delayed projects.

      Reply
  33. Hi Sir,
    I have booked the flat in Pune and at the time of booking builder given me the pamphlet of the project in which picture construction building, garden and other amenities are mentioned.
    Now builder given the handover of our flat but the picture which they displayed on pamplate is not matching with our actual. In picture builder display the open space near to garden however now builder is not ready to handover the space to society, when we asked to builder that at the time of booking you told us that these all space we are going to handover the society than why you are nor doing the same. They replied that we are going to build commercial shop in this area or handover the space to government to make school or hospital. Please adivse

    Reply
    • Dear Shambhu,
      Pamphlets are just for advertisement purpose. Instead of relying on that, better to check the sale agreement and then ask the builder.

      Reply
  34. Hi Sir,
    I have booked the flat on 2014 in initial phase of construction due to project approval issue builder delay the construction, builder got approval of project on 2016 and I registered the flat on September 2016 and also sanction the loan from bank. On that time builder apply the Service tax and vat on my agreement value. After the registration bank disbursed the amount as per the construction phase. Now construction is completed and there is no due from my end. Now builder issue the letter that I need to pay the GST amount for those payment which was disbursed after July 2017.
    Please advise.

    Reply
    • Shambhu-Yes, whatever the payment you done during GST regime, must be payable as per GST rate.

      Reply
  35. Good day,

    I have purchased a flat and the project is registered under RERA. The builder has the habit of giving “Fit-Out possession” even before the O.C. has been received.. This entitles him to the full agreement amount.
    Since MahaRera has clarified that no complaints will be entertained after possession is it smart to take such a possession?
    Also can the builder force me to take possession before he actually receives the O.C.
    Thanking you for your advice.

    Reply
    • Khurram-Your builder is wise enough to escape from the RERA. Think twice before dealing with such builders.

      Reply
  36. Hi Sir,

    I have booked a flat in april 2017 with downpayment,my hdfc loan gets a approved on 11 May, from 11 may i was following up with builder for registration
    but every time they refused say that RERA is going to come & we are working on project registration in RERA, also confirming that you don’t worry sir,
    we will finish you registration in june so you will not be applicale for GST, but unfortunatly that has not happen, on 28 june they told me to pay service tax & vat through NEFT,
    so they can process & you will not have to pay any GST, i have done that also & disbursement of 90% done in 11 july 2017, & now thay have send me the final
    demand letter which inclued GST for the 90% amount which i have paid them in 11 july, so how can i take a legal action against builder.

    Regards,
    Mahesh S.

    Reply
    • Mahesh-Check their RERA registration. Complain with RERA and also approach court through lawyer.

      Reply
  37. I had invested in a project by a reputed Mumbai builder in 2013. Still the builder has not launched the project.I am considering the Exit from project. builder is disputing TnC mentioned in Brochure about delay in initiation of Construction activity and is referring to TnC as mentioned in Provisional allotment letter which refers to delay in possession.
    In past also, he has delayed the refunds due to cheque returns. Pls advice if I can get help from RERA.

    Reply
    • Taneja-Better to look for legal option and also complain with RERA.

      Reply
  38. Sir,
    I booked a flat with Balaji Builder in Wakad Pune. However, for some personal reasons I have to cancel the booking. Builder is not refunding the booking amount. Also, builder gave no document at the time of booking which states cancellation amount or time by which booking can be cancelled. Kindly suggest.
    Thanks,
    RSY

    Reply
    • Raja-What can I suggest you when you booked without any proper documentation and understanding the rules?

      Reply
  39. Sir,
    My Building went for redevelopment ,my builder M/S Classic Corporation.179, Commercial Chamber , Office no .46, 3rd floor , Cornor of Mohd Ali Road , Yusuf Meher Ali Road, Mumbai – 400003.
    Illegal construction is being carried out on bearing C.S.no.1172, 1173, 1/1173,1175 &1176 of Mandvi Division situated at 198, 202-208, 210-214, Kambekar street & 181-184 & 186- 190 Yusuf Meher Ali Road , ” B ” ward , Mumbai-400003.
    1) Builder Vacant me from my House on 24-03-2015 illegally from my house didn’t gave me rent nor made Agreement til today.
    2) Norms work is going on til 2 am where is Supreme Court Order ?
    3) RERA indenty not Display .That means he is not Under RERA .
    4) Builder gave Possession to the Shopkeepers without any Occupation Certificate ( O C )
    Sir please look in to the matter
    Ahmed.Hamid.Poonawala.
    Cell no-9819009857.

    Reply
    • Ahmed-Knock the available legal options with the help of your lawyer.

      Reply
  40. Hello basavraj,
    I took 2 flats in kolhapur maharshtra, in the agreement it is written this property is used for residential purpose & not for commercial purpose. But the builder her is using the basement for commercial purpose like yoga classes. Also it is not mentioned in the agreement that basement is property of builder. Now he is clamming that it is my private property. We all members have been bullied by him.
    What should i do pls suggest me?

    Reply
  41. Hi,

    I have already filed and in the last hearing the Chairperson had said if the builder fails to give a consent form agreeing to terms and conditions then an order will be issued, now the builder isn’t responding and it’s so tough to get hold of MahaRERA with no one picking up the phones and many a times it been out of service. Now the MahaRERA assistant official has asked another week to either hold a hearing or come to a solution even though Chairperson had said if builder doesn’t agree an order will be issued. The direct contact number of Chairperson is also out of order and I asked for an appointment to meet him they are saying please contact later and take an appointment. I had filed the complaint in January, 2018. This is frustrating.

    Reply
    • Tushar-Hard realities of RERA. You can approach the court by bringing both RERA and builder as the last option.

      Reply
  42. The building is under construction and will be completed in Dec 2018 as per rera .
    I bought a flat in this building from investor, agreement clearly says first transfer is free, when I went to the builder office to see the house, the staff is saying you cannot see the flat and you will get raw flat with no tiles nothing.
    My agreement is registered, how can I stop me to not see the flat. They also they you will not get possession

    Reply
  43. I have booked the flat on 9 March 2018 with token amount of Rs 54000 in Thane.Now sales person saying investor don’t want to sale that flat.But in these days my time and energy lost.Can I file Rera application for asking more money from builder.As as per my view they are selling flat to other person with high cost.

    Please suggest.

    Reply
  44. Sir/Madam, I have booked a 3 BHK flat in Tilheri, Jabalpur in Nov’15. The Builder was unable to handover the flat in Nov’18 as per terms of agreement, I have paid the entire cost of the flat 2 years back. My problem is that the Builder has changed the specifications in my apartment E as shown in the existing sample block viz., fixed vitrified tiles in place of Italian marble, POP in ceiling,drastic changes in the Toilets, etc. Even the railings in the 8 storied apartment has been provided with MS square bars instead of SS frame. It is more irritating and disgusting because the Builder has followed the specifications/quality in the other block D exactly as shown in the sample block. My request is what action can be taken against the builder Evergreen Buildcom Ltd.

    Reply
      • Thankyou Sir, I’ll go ahead and appeal before RERA

        Reply
  45. I have booked a flat in navi mumbai in April-2016 and paid booking amount of 5 lakhs intially. Later on paid 14lakhs paid as per scheduled payment schedule. Now builder is asking to pay 46% agreement value as per RERA rules and also demands to get registration before 31.03.2018 other wise it would be declared under benami.
    Please clarify

    Reply
    • Shyam- If builder is asking as per schedule, then you have to pay. Regarding registration, it’s you and builder terms and conditions. He can’t force you before schedule.

      Reply
  46. My friend had booked a flat before GST in June 2016 n paid 10% amount..the cost sheet that time showed 6% tax only. Now on the 90% of the cost, builder is asking 18% GST. Should this be fully borne by the customer?? There is certain tax input but still overall the flat cost simply increased by 6 lakhs. Any way out?

    Reply
    • Kom-Please refers the GST rate applicable. If it is beyond this, then you can raise a complaint against the builder.

      Reply
  47. I have booked my flat in Nirmal LifeStyle, Mulund. They have delayed construction of flat. Frustrated with this I have cancelled the flat. They gave me cheques for the amount which I have paid for booking, but all the cheques have bounced. I want to know if I can complain in MAHARERA.

    Reply
  48. Hi,

    I booked a villa in an upcoming society “Shristhi” as Crossing Republic Ghaziabad (UP). I cancelled the booking due to frequent changes made in the site layout & not being communicated to me. Though I have received my entire booking amount which was Rs 9 Lacs but that remained with the builder for good 1.5 years. Can I file a case against the builder to refund the interest under RERA? This project though is RERA registered.

    If yes, pls help me with the process as well.
    Thanks

    Reply
    • Amit-Check your agreement that whether there is a clause of NO BOOKING AMOUNT REFUND if you cancel the booking. If you signed for such a clause, then how can they return to you?

      Reply
      • Basavaraj please read the question posed to you correctly…Amit says he has got back his MONEY AND CAN HE APPROACH RERA FOR INTEREST.

        Reply
          • Thanks Venkat & Basav.

            What should be my approach now, should I send email to the builder to refund interest on my booking amount & basis his response should approach RERA or should I approach RERA directly?

            Reply
  49. I bought a plot from a developer. The builder had committed to buyback the property at 2 times of the initial payment after 24 months. The same was mentioned in the sale agreement and a separate buyback agreement with details. The builder has not honored the buyback commitment and the check that was given has bounced.
    Can I file a RERA complaint?

    Reply
  50. Can you explained in details the fields available on register complaint form.
    Like what is registration No.
    Promoter Name …etc

    Reply
  51. Hello Sir,

    We had booked a flat No 305 situated on the 3rd floor of Tower No. 1 of registered project Godrej Emerald, Thane by submitting an application on 21″ January 2018 and paid the booking amount of Rs. 99,000/- on that day by Online Transaction
    Before booking this Property we had discussion with Godrej Properties Senior Executive Sales Person regarding Possession date of this Project and it was said to us as on or before December 2021. After booking of the flat we came to know from various sources that the Possession of this Project is from 30th June 2024 onwards and then we checked & confirmed the same on RERA website. We were never informed regarding the Actual RERA Registered Possession date of 30th June 2024 any time before booking flat in this Project.

    we communicated regarding the same to the Godrej customer care over email, but they are falsely saying it was informed by our sales executive and they are saying you have signed 1 document where it is mentioned in Terms and conditions.

    When we asked for refund of token amount they say it will be fortfieted.

    Can i file a complain regarding the same with RERA for cheating & Mis-selling of project by sales executive and ask for refund?

    Regards,
    Ravi G

    Reply
    • Ravi-Sadly it is your fault that you BLINDLY believed on so-called branded builder officials voice. Even if you complain, in what way you prove it?

      Reply
  52. Dear/sir,
    I have booked plot in NITISHREE infracture in NH-24 ghaziabad 2005 but he have not complete the work on site and not given position to us ,payement given more than 50 % .Pease suggest to us

    regards
    updesh
    9810371102

    Reply
  53. Hi,sir,
    I have booked flat on 2012 M/s Archee Infracon Pvt.Ltd. Vinzol Vatva . Builder yet not provide us possession even Not completed task,today 6 year completed now they have apply to registration to but last 7 month same status show pending .I have file to consumer court also. in rera builders mention that project will completed 2020 . 212 flat scheme even till today no any work is going on . Pls advise me CAN I go RERA complain .

    Reply
  54. Dear Bsavaraj Ji
    I have booked a flat with Runwal Pearl ,Thane Booked on : 10.02.2013; Agreement made and Registered on : 20.02.2014 . Till now (last installment made in July 2016) 96% payment has been made as per payment schedule.As per Registered sales agreement the developer is supposed to hand over the flat in Dec’2016 ( plus further grace period of Six months). Developer is not handing over the flat and also not responding to any communication. There was not any specification provision in the registered agreement about compensation by builder to the buyer in case of delay in handing over the possession. The project was later on registered under RERA with Schedule completion date mentioned as May 2019 . My questions are :
    (i) Whether I can approach RERA for compensation from builder on account of delay in possession with respect to handing over date as mentioned in agreement ?
    (ii) What will be obligation of builder to handover the flat – Is it as per the date mentioned in Agreement or as mentioned in RERA document for the same project?
    Solicit your expeditious reply and guidance.
    Regards

    Reply
    • Banerjee-1) Yes, you can approach the RERA.
      2) It is as per RERA document.

      Reply
  55. I have book flat before 2 years NOV 2015 and as per agreement pussation date is Aug 2017 till now I didn’t get pussation .
    So to get 9-10month compensation like rent or loan interest . Can complaint in rera.

    Reply
      • Yes.Project is under rera registered.

        Should I get compensation??

        Reply
  56. I have bought a flat from the builder Navi Mumbai whose project is not registered under RERA but his another project under construction is registered under RERA.Can I file complaint against him under his registered project?

    Reply
    • Ashutosh-How can you complain against the property, which you not purchased?

      Reply
      • So do I have any avenues opened under RERA?

        Reply
  57. DEAR SIR
    I PURCHASE FLAT IN 2015-16 BUILDER MADE CONSTRUCTION AGREEMENT RSs.7 LAC AND 5 LAC IN DIFFRENT TWO COMPANY AND COLLECT SERVICE TAX FROM ALL FLAT OWNER AND RECEIPT XEROX COPY GIVEN TO ALL FLAT OWNER THAT MEANS BUILDER WAS NOT PAID SERVICE TAX TO GOVERNMENT TO HOW WE FIGHT WITH BUILDER. PLEASE PROVIDE DETAIL I AM FROM GUJARAT.

    Reply
  58. Hi,

    I have a booked a flat in DSR Bangalore, which contains 3 blocks and it is G+4 floors. I have bought a flat in block A, they have finished the block works in block A and even completed tile works for my particular flat. The builder is demanding 80% of the flat cost since the tile works are completed for my flat. Whereas they have completed only 2 floors in block C and in block B, block works are remaining. The handover date is August 2019.
    Is this the normal procedure of collecting 80% of the flat cost irrespective of the status of other blocks which is not even 50% completed

    Note: Handover of flats will happen only after all blocks are completed.

    Need your inputs on this.

    Thanks and Regards,
    Daniel Rex P

    Reply
    • Daniel-There is no such standard procedure to say that builders must ask 80% of the flat cost. The payment in all contracts will be as per the sale agreements. Pay as per sale agreement.

      Reply
      • Daniel please file a complaint with RERA as to why the developer has not registered his project under RERA and praying to RERA to ask the developer to register under RERA. Don’t pay any money to the builder until you hear from RERA. Bangalore RERA will take three months to hear u out but then don’t give up. Filing a complaint in Bangalore is easy through the web …takes 1hour to complete the process on rera website

        Reply
  59. Hi Team,

    I registered a flat in an apartment (Stilt + 2 floors). Overall 6 flats ( 1st flr – 3 and 2nd flr – 3). I made a payment 15 Lakhs advance . I opted for a HL in SBI and release 20 Lakhs. Now the builder is constructing one flat in GF. When I enquired he is saying, out of 3800 Sq.ft.. 400 belongs to me.. remaining 3400.. I divided UDS for 6 owners.. He has not mentioned anything about GF during registration. My bad.. I didn’t see the legal as I opted for SBI. I thought SBI will do the through legal on behalf of the customer. Builder is ready to give assurance in stamp paper stating that He will not sell the GF for 1st 4 years.

    How Can I stop him to construct additional flat n GF.. only 3 flats has been sold till date.. currently basement work in going on. Please advice.

    Reply
    • Murali-You can’t stop him. But you can complain against such illegal activity (if this is not as per plan approved by local Govt). It is the biggest MYTH many of us have that if I go for home loan then Banks will cross check all legality. Come out from that myth at first. They just look at YOU and YOUR INCOME.

      Reply
  60. Dear Basavaraj,

    I have been staying in a “Confident” apartment in Bangalore since Nov 2014 and I was one of the first people to move in to this place. So, all the Canopy parking and other amenties took its own time after that. Now coming to the point, my parking slot provided is in the ground floor under the building. But the problem is that right above my slot there is the open space of common area of 11 floors (4 apartments each per floor). My car is exposed to a space where people can throw anything and it will fall on my car. Confident didnt give any kind of covering.

    I didnt take it seriously until stones started falling on my car. I know its later now as its been close to 2 years after the taking over of parking slot.

    I asked the builder for a net to be made and now they are not ready and asking me to make one.

    Can I raise a complaint since it’s the duty of Builder to provide the “closed and safe” parking?

    Awaiting your reply,

    Vimal Govind.

    Reply
  61. We have invested for a commercial space in Mulund in 2007 and paid 85% of payment against
    The builder’s req letter on completion of each slab. But practically there was only one wing constructed and builder was showing the same as our booked area. Later we told that the wing for which we registered did not come up at all.
    It’s 2018 now The builder does not respond to our queries .. we have sent a lawyer notice and no response for the same.
    Can we file a complaint through . Rera??

    Reply
    • Bhuvana-Better to file under RERA. But to be frank, they are thick skinned.

      Reply
  62. Dear Bsavaraj Ji
    I have booked a flat with Runwal Pearl ,Thane Booked on : 10.02.2013; Agreement made and Registered on : 20.02.2014 . Till now (last installment made in July 2016) 96% payment has been made as per payment schedule.As per Registered sales agreement the developer is supposed to hand over the flat in Dec’2016 ( plus further grace period of Six months). Developer is not handing over the flat and also not responding to any communication. There was not any specification provision in the registered agreement about compensation by builder to the buyer in case of delay in handing over the possession.The project was later on registered under RERA. My questions are :
    (i) Whether the builder is entitled to a blanket grace period of 06 months?
    (ii) Whether I can approach RERA for compensation from builder on account of delay in possession ?
    (iii) What will be the consttuents of compensation (such as interest payment made so far wef schedule delivery, rent paid during this period etc)
    Solicit your expeditious reply and guidance.
    Regards

    Reply
    • Tapan-1) If it is written in agreement, then YES.
      2) YES.
      3) It is hard to say.

      Reply
  63. Hi Basavaraj,

    I have booked flat in Radius developer township project name Central Park. This was scheme wherein you can pay 5% then apply for bank loan and rest 15% can be paid after 27th floor. I have paid 2.5 lakh under central park project.
    And taken loan from radius partner bank PNB housing wherein bank had disbursed 16 lakh initial payment with 13k EMI from last 1.5 Years.
    Later I came to know that this is SRA project and they will build SRA building first.

    Now they have changed the project name to Anantya. I am getting project updates email for Builder sales team.
    Few months back they have updated like Tower 1 – 16th floor work in progress, Tower 2 – 8th floor work in progress,
    Tower 3- Plinth work completed, Tower 4 – Excavation in progress.
    Today I went there to have a look but I could see only SRA building. No other towers or plinth or excavation work started. I also checked in RERA site about project but everything is mentioned zero over there.
    Also they are saying possession date of Dec 2021 but no written confirmation. I have seen that they have put revised possession date of Dec 2024 in RERA site.

    Now I have decided to withdraw my booking.
    can I apply for full refund by complaining to RERA?

    Awaiting for your kind response.

    Regards
    Ameet

    Reply
      • Yes I will register my complain but just want to know RERA section 9 is applicable in case of possession only or we can register in the case of excavation or plinth completion?

        Reply
        • Ameet-You can register even for the projects which are not yet completed.

          Reply
          • Hi Basavraj,

            I have sent cancellation mail to builder then I have received copy of application form signed by me.
            They have written as follows
            All Amount paid by Applicant to the developer shall be refunded within a period of 120 days from the date of termination/cancellation, after deduction 10% of Allotment Premium of said premises plus any brokerage expenses incured by the developer and/0r applicable taxes/ statutory dues/ interest/ penalties.

            Can you please tell me meaning of “Allotment Premium”?

            Thanks for your support.

            Regards
            Ameet

            Reply
  64. dishonoring of cheaque from builder for refund amount can be filled complaint in RERA?

    Reply
  65. Thank you Sir for all you valuable inputs!

    Reply
  66. Respected Sir,
    I am a regular and frequent member and reads a lot of information in your mail.I am struck with a commercial IT and ITES 550 Sq ft space in Greater Noida in UP . I pruchased this under construction flat way back in 2008 and paid 95% in chques as advance to the developers ULTRA HOME FINANCE ,the commercial flat to be given in 4 -5 years time , they also gave assured return cheques from 11.04,2010 till May 2016 at 12% per month,after that they discontinue the horouring the cheques any more, where CAN I lodge my COMPLAINT and how much fee i have to deposit along with complaint

    Reply
    • Indra-You no need to pay any fee. Just use your state RERA portal and raise an issue online.

      Reply
  67. Dear Sir,
    My name is Dnyaneshwar Kamble . I had booked a 1bhk flat with ornate builders devlopers in bhiwandi thane in the month of March 2017′. i paid 51000 thousand as token money (51000 Thousand through my cheque. i did not take any receipt or any allotment letter for any of the amounting trusting the builder. builder has been sending me the demand letter to me but i could not make any further payment due to my financial inability. since i have not done registration of flat, i requested builder to refund my money but he is saying that he have paid service tax already so he will deduct service tax and interest along with cancellation charges. hence, i think he will refund some what 4000 only that too when the flat is sold to somebody else.

    request you to kindly advice me what is my legal option and how do i get all my money back from builder. awaiting response as early as possible..

    my contact number is 9920125510

    Reply
    • Dnyaneshwar-I think the major FAULT is with you. I am not sure how you paid Rs.51,000 without understanding the rules and regulation and also sales agreement. You can take legal option, but the reality is harsh to you.

      Reply
  68. Dear Sir,

    i purchase flat and supposed possession date was on Dec 2016 , But still construction is not completed.
    I write mail to MAHARERA authority in the moth of July -2017 but no complain was lodged against builder.
    As per authority they will take up the matter , but no time line.

    Please suggest me how to proceed and take up with MAHARERA.

    Is any escalation?

    Sir its very tough to manage the home loan along with the room rent.

    Please suggest.

    Deepak Singh
    8828425357

    Reply
      • Sir since last 8 month i am complaining through mail, as per authority they they will take action as per the law .but no time line sir.

        Project still not registered in RERA. How and what to do i don’t know sir.

        Please suggest..

        Reply
  69. Hi,
    I booked a flat at Panvel, Navi Mumbai. Builder has divided the payments into two parts. Pre-GST demands and GST demands. I have cleared pre-GST payment including service taxes & VAT. The same is reflected in 1st, 2nd, 3rd slab demand letter. 1st, 2nd, 3rd slab demand clearly shows that I have zero dues in pre-GST payment. Suddenly in 4th slab demand letter they are charging 22thousand extra service taxes. When I asked for the clarification they gave a vwgue clarification which I could n’t understand and they revise the amount to around 12thousand which I had to pay extra. After paying so I took a letter from them that I have no dues in pre GST payments.
    Now in 6th slab demand they says that they are charging GST @ 7% after giving discount. However the amount was higher than 7%. When I asked for the explanation they says my 5th slab payment was late by 5days (I have paid the demand within 12days from receiving the demand) for which they are charging 18% per annum interest on the GST payment. However the amount was much higher if I consider 18% annum interest for 5days.
    They also says as per GST rule if I don’t make payment within 7days builder can charge 18%. Is that a correct statement? Since I am getting all the demands which are wrong in calculation I am willing to make a complain in MAHARERA. Will these sort of complaint s be considered?

    Reply
    • Bidyut-They simply just harassing you. Better to raise an issue under RERA. Because they are floating the rules as per their wishes.

      Reply
  70. Sir, I booked a flat at Supertech Eco Village II, the possession date for the flat was of 2015, but it kept on delaying. Now the possession should have come in March 2018,but now it has been further delayed to June 2018. What should I do ?

    Reply
  71. Please help. I am stuck after I purchased a property in 2013.

    I purchased a flat in Vasai in April 2013. Stamp duty and registration was done in April 2013. Till date, I have paid 50 Months EMIs to the bank. The builder promised possession in December 2014, as mentioned in the agreement.

    In the meanwhile, there was no communication from builder and no one in his office picked our call despite calling them thousand times. They didn’t even cared to reply. Later, we learnt that even his office was shut since many months.

    Luckily after calling them thousand times, they once picked the phone. They told us that, there is some fight going on between the partners and they would shift our flat to another wing. Again after making thousand calls and visiting their office 100 times, they agreed to do registration of the new flat.

    The builder then promised to shift the loan to the new flat after closing the old loan. However till date, builder has not closed the loan and I am still paying EMI of my old flat which is non-existing.

    Interestingly, I informed everything to the bank many times which they chose to ignore and they are still ignoring till date.

    Later, when we forced the builder to quickly close the loan, they pacified us by giving possession of the new flat.
    To tell you the truth, this was just a gimmick. The building is still in the under-construction state, the flat is not ready, it is dirty and unhygienic. We cannot complain to anyone as the builder and his people are hiding since many years.

    Now in January 2018, my loan transfer is still pending and even bank is ignorant to all this. Also builder is not ready to complete the under-constructed flat, nor he is keen on closing and transferring my loan. Bank expects me to pay EMI every month for the non-existing flat.

    Please guide me. I and my family have gone through a lot of torture.

    Reply
      • Hello,

        I just tried registering a complaint on Maha Rera Website. However, I could not do it, as you can only complain about registered projects. For the unregistered project, you can just send them a mail, which according to Maha Rera will be treated as Source Information and not a Complaint.

        I want to ask you, what are the other options available apart from this.

        Should I file a legal case or should I complain in the police station?

        Please guide. Thanks.

        Reply
        • Vaibhav-You write to RERA that the project is not registered but you are facing the issues. Along with that I suggest you an option of legal case.

          Reply
  72. Hi Basavaraj, My question is when I fill complaint on line against developer, is it necessary to send the same complaint to developer by speed post?
    My case is as under : I booked one 2 bhk flat in JUNE 2013 and paid booking amount and obtain receipts of the flat. During Sept.2013, the developer was in financial crunch and mortgage the whole land and unsold flat up to 31.8.2013 to the bank. (I have the copy of mortgage deed) .My flat was not mortgage since it was booked by me prior to mortgaged. After that the developer failed in payment to bank and bank takes the possesion of project and sold to new builder and sold him the property which were mortgaged with bank. ( I have the copy of sale deed between bank and new builder). My flat was not given to new builder since it was not mortgaged with bank. Now, New builder has not get anypower relating to my flat and it is not his inventory. During RERA Registration, he has shown all the flats are his inventory and he has shown my flat as unsold flat (In Form No.3A of Chartered Accountant). He has misguided RERA Authority by giving false details. I wanted to challenge his RERA Registration. Kindly guide me in the matter.

    Reply
    • Dipak-You have every rights to fight and complain under RERA. Better to send the copy of the complaint to developer also.

      Reply
      • Thanks Basavaraj Tonnagatt for your prompe Reply. I will be in touch with u in this matter. Thanks once again for guiding

        Reply
  73. Hi Sir,
    I see u have been quick in responding to the queries
    I had entered in to agreement with a builder in mangalore for construction of villa in a township in 2009,
    Till date the builder has not completed the villa
    I have paid almost 90 percent,the construction is 70 percent complete
    There are other clients in this project who r facing same problem
    The builder says he will complete but he is not doing any thing since last two yrs my total hard earned money is struck n I dont have a house
    Does this builder need to be registered with rera , I am sure he has not registered yet
    can I complain to Rera and how ,please send me email to complain to rera in karnataka for unregistered projects

    Reply
    • Winson-He may registered or not, but you go ahead and complain against the builder.

      Reply
  74. Hi,

    I have booked a flat in July 2016 in Mulund Mumbai and paid 20% as the booking amount via cheque. I got the allotment letter for the flat from the builder. Due to some financial crisis in late 2016 I asked builder to cancel my flat . The builder agreed to cancel but not returning me my money back. So is there way I can file a complaint in RERA ? I have not done registration yet and in MAHARERA website to file a complain it is asking for registration number. What to fill there ? Please suggest.

    Reply
    • Raja-As per me, you can’t file under RERA. But based on the sale agreement between you and the builder, you can approach the court with some lawyer.

      Reply
    • Hi,

      The registration number is the RERA registration number of the project.You should be able to file complaint with RERA.

      Reply
  75. Sir, I have a house in Bangalore and taken a home loan on that. Now there are two questions:

    1. Can I buy another house and sell this? How the existing loan can be settled?
    2. If I keep this house and buy another then, any benefits I will get in tax?

    Thanks for the help.

    Reply
    • Shantanuvarma-1) Yes, you can buy one more house by selling this existing. Settling of loan is up to you. How can I say that?
      2) Please first understand your NEED rather than thinking too much on TAX.

      Reply
      • Hi I had booked a flat in wagholi pune with a booking amount of 51,000 by cheque on 1st of jan 2018. At the time of booking salesperson told us your booking amount will be refunded back in no time if you cancel your booking before 31st of Jan 201 so I booked a flat by giving booking amount. But due to some finacial problems I cancelled the booking on 31st jan by going to site office. They just marked my booking as cancelled and told me that you will refunded the booking amount within one month. Which offcourse did not happened. So I again called them for same and they said your amount will not be refunded until somebody else do not book the same flat. Then I visited the site office again and was told to fill form for booking cancellation, this time too they said they will return the money in month period. Again after waiting for month they did not returned the amount. When I called this time they provided the same reason as previous.
        PS. Booking form did not had any statement of refering to statement that ‘we cannot give booking amount unless someone else books same flat’
        Can you suggest or help in this case?

        Reply
        • Shirish-I am not sure what prompted you to believe their oral confirmation rather than forcing them to give in writing. Try your luck by complaining with RERA.

          Reply
  76. Sir I have booked flat in 2002 in mumbai and builder was suppose to give flat in 18 months but he didn’t do registration,he just gave full payment receipt and allotment letter but now after 16 years still that project is not commenced and builder is talking rudely he is not ready to meet us and neither to give money of booked flat what he is saying you can give complain against me I don’t fear as court case will go for years what he is saying I can only pay you rent till I don’t handover flat to you but its already 16 years and we have heard that plot is already given to some other builder so sir I want to know what can be done in this case and does this matter comes under rera since its clear cheating from builder who has no fear of cops or cpurt ,what should I do? can you please guide me.

    Reply
    • Nilesh-I am not sure what prompted you to pay fully before taking possession of the flat. Try your luck by raising an issue with RERA.

      Reply
  77. Hi sir, we had Joint Development with Moksha projects one of the builder in 2014 till date he has not started any development works in that land what is the procedure to to file a case in rera karnataka and what are the document s required.

    Reply
    • Ravishankar-The procedure is already explained in above post.

      Reply
  78. I have booked a flat for 31.5 lacs in the month of December 2016. I paid 18 lacs to the builder through loan by PNB. I have been behind the builder for registration but he kept delaying.He kept giving us different different reasons. Now, he is asking us to pay GST. However, our agreement says that the price is all inclusive. We are not ready to pay him 6.5 lacs rupee extra. However, we have told him that we will pay up to 34 lacs. But he is not ready for item he is asking my loan account no to return the money. But we are not ready as we have been paying rent as well as EMI from last 1 year. When I informed builder about legal action. He said that he is into this field and he knows how to handle all these legal things. What should I do and whom should I approach. Please help. Builder is not registered under RERA

    Reply
    • Shubham-If it is completed project, then he is out of RERA. Hence, he may be confident. Better to take the lawyer help.

      Reply
  79. Hi Sir ,
    I have purchased apartment in bangalore , builder got permission for 13 floors and he has provided payment schedule.
    Now he is planning to go for additional 4 floors ( He is trying to purchase TDR ) .
    And he is demanding the payment as per 13 floors , if he goes for 18 floors the project delivery will delay by 6 months , that period I will end up paying interest .

    Can I complin this in RERA ?

    Reply
  80. Hi,

    I booked a flat in Bhiwadi Rajasthan and Builder Buyer agreement was signed on July 2014. As per the agreement the expected possession date was 42 months + 6 months grace period. In RERA Rajasthan website, project is registered with the deadline of 2020. I heard somewhere for legal terms the possession period would be 42 months.

    Building is still under construction and there is no work from last 9 months.
    So I can lodge an online complaint at RERA website and claim my money back from Builder?
    I don’t want to wait anymore. Please let me know your thoughts.

    Ankur

    Reply
    • Ankur-If you have proof that the project should be completed in 42 months (in sale agreement), then go ahead and can complain.

      Reply
      • Thanks

        Reply
  81. HI,

    I have taken a flat in Thane in 2014 and presently it is under construction and as per agreement with grace period of 6 months the construction is scheduled to be ready by June 2019, however since GST has been implemented the service tax we were paying on the installment has risen from 3.01% to 18%, which is a big hit for us. Can u please advise what is the GST rule and % as input credit calculations are only known to builder.

    Pras

    Reply
  82. Hi Basu, Just went through the above conversations between you and various victims of builders. Really appreciable. Wanted to discuss our case with you regarding an extremely delayed project in Mira Road, Thane (Mumbai).
    I booked a flat in Aug 2010 from Ravi Developers. The builder mentioned that the possession will be given by Dec 2013 but not mentioned in writing anywhere. Its over 7 years now and still the construction is incomplete. I along with many other flat buyers (around 10 owners) in the same project have met the builder many times, requested him and pressurized him but every time he gives illogical reasons of delay and oral commitment that has failed over the last 4 years.
    Our basic issues are :
    Commitment of Possession date in writing.
    Compensation for the delay in project.
    Compensation of Rent paid post Dec 2013.
    Recovery of many other losses.
    and few more.

    My Query is:
    Can we owners collectively file a case in RERA against the builder?
    What documents are needed to file the complain?
    Do we need a lawyer for us to handle the case?
    How to proceed after filing online complain?
    In how much time do we get a response from the RERA authority?

    Waiting for your kind support.
    Thanks & Regards

    Reply
    • Aman-Yes, you can file a complaint against builder using RERA portal of Maharashtra. Please refer above post or RERA portal of Maharashtra regarding the documents required. Lawyer is not at all required for this process.

      Reply
  83. Hello Sir, I booked a flat in one project on sept 2009. Builder promised to give possession in march 2013. Also mentioned in registration document which I done in oct 2010. In 2012 his worked stopped and he started again in 2015. Peoject is not yet completed. OC is not yet received from BMC. Due to some financial problem I paid 60% amount till 2013. I want to sell that flat but Now he is asking me to pay hefty amount of intrest on on remaining amount then only he will give NOC to sell the flat to another customer. Please advice what I can do to get justice. Since my payment is overdue am i eligible to get compencession for delayed psosseion of 5 years?

    Thank you
    Tushar

    Reply
    • Tushar-It is hard to say anything blindly as I am not sure what are the clauses written in the agreement paper. If builder asking you more than the penalty which is mentioned in agreement paper, then you have all rights to fight the case. Better to consult a lawyer in this regard.

      Reply
  84. Sir
    RERA ordered builder to refund the money by 31.12 and builder also agreed for it during hearing but has not refunded the money by due date. what can be next course of action.

    Reply
    • Rahul-You have to approach RERA to inform that builder not obliged the order.

      Reply
  85. I raised the RERA complain at Karnataka RERA site , but how to track it ?

    Reply
    • Pushparaj-You can track that by the registration number which you received. Refer the video I shared.

      Reply
  86. Hi
    I had booked Lodha Amara and paid deposit of 50K however realizing their subsequent payments schedules are difficult for me to make payments I sent communication stating cancellations of my booking to the agent plus the officials thru mail
    Till date none responded. How do I get my money back

    Reply
    • Madhu-Knock them personally. I can’t say how to get back as I am not sure what is the clauses agreed between you and the builder while paying the advance.

      Reply
  87. My builder is not complete building as he shown in brousher. I get flat in 2012 but there no water connection and Road connection to building. The builder is not registered in Rera. Can I Complain in Rera. Please Help.

    Reply
    • Mohan-If you already purchased the property before RERA, then how can you complain against the builder NOW?

      Reply
  88. Hi sir, Builder is asking a humungous amount IN CASH for Parking. Pl guide best places to complain

    Reply
  89. I have booked flat last year in Pune(Maharashtra) and possession is on January 2018 but builder made some change in flat like kitchen is opposite site and floor plan is shown in another side, another changes is like lobby is closed at time of booking sales person showed us that is common area and now they are changed those…..what I do …please suggest me….can I raise compliment against builder on RERA.

    Reply
  90. Hi sir,
    I had booked an apartment in early 2014 with Godrej Garden City Ahmedabad, under a 25:75 scheme, where we have paid up 25% of the total cost to the developer. Apart from a delay of over two years in handing over the apartment, the said developer did not disclose to us about commercial plan on the groundfloor of the apartment. We came to know about it on one of our site visits in november last year. After this we applied for cancellation of booking to which the developer threatened complete forfieture of the paid amount despite the ATS having specific clauses as to the allotee having rights to cancel the booking if there is delay in possession and being eligible for complete refund and 15 % interest on the paid amount. Despite innumerable attempts and legal notice sent through our lawyer the developer has so far not refunded the money to us. Please help me to understand whether my case can be put up in a rera court and what is the procedure for it. I read the FAQs in the link provided by you but did not find a suitable answer to my query. The developer sent us a possession notice to us in may2017 after two months of applying for cancellation of booking , to which we clarified that our intention to cancel the booking if final. The developer has handed over apartments of other allotees in the meawhile.

    Reply
    • Rajani-Sad to hear this. You can try to complain against him under RERA.

      Reply
  91. I have invested in commercial under construction property in Great Noida (UP) and one residiential property in Jaipur (RAJASTHAN) both the developers have not fulfilled their promise.Commercial property is almost 10 years and residential is 4 years now.

    Please where are the RERA office in both the States to address my written complaint.
    Do you have the addresses to make an written complaint? pl provide.

    Reply
  92. The RERA legislation passed by the Union Govt itself got diluted by parliament before it was passed in 2016. States were supposed to model their RERA laws and rules as per the Central Act, yet most States, particularly ones where most real estate scams are unearthed (like Maharashtra and Karnataka) diluted both, their State Law as well as the Rules they subsequently made. As a result the whole purpose of RERA was defeated, as the State Laws are still mostly in favor of the Real Estate Developers (REDs). Buyers still have to run from pillar to post for even ongoing projects which are supposed to be registered by the RED with the State RERA Authority. As much of the illicit income of politicians and corrupt officials is parked in real estate across India, the Govt of India / State will never enact a law which will ‘harm’ the interest of REDs who get funded by unscrupulous politicians, officals and businesspersons. Sadly, all cases against REDs in States having RERA will have to be filed by petitioners before the RERA Authority of State, and reinvent the wheel !!

    Reply
    • Ramesh-I completely endorse your views. Just check the number of projects and agents approved under each state. You will shock that how the RERA working and who is taking is serious.

      Reply
  93. Most helpful info for real estate buyers.

    Reply
  94. Please suggest such type of process for Gujarat

    Reply

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