The Real Estate (Regulation and Development) Act of 2016 (RERA) has been instrumental in bringing transparency and accountability to the Indian real estate sector. UP RERA, the regulatory authority in Uttar Pradesh, plays a vital role in protecting the interests of homebuyers.
This article serves as a comprehensive guide to the process of RERA Complaint Registration in Uttar Pradesh (UP RERA), empowering you with the knowledge to navigate the system effectively.
Understanding RERA and its Role in Uttar Pradesh
UP RERA has demonstrated its commitment to protecting homebuyers by recovering a significant amount of money from defaulting developers. To date, a total of INR 1,232 crore has been returned to 5,124 homebuyers who had not received possession of their properties. The authority is responsible for:
- Registering and regulating real estate projects: This ensures that developers adhere to the prescribed norms and regulations, promoting fair practices and protecting buyers from potential fraud or malpractice.
- Promoting transparency and accountability: By mandating the disclosure of project details and financial information, UP RERA empowers buyers to make informed decisions and hold developers accountable for their commitments.
- Resolving disputes between buyers and developers: UP RERA provides a platform for the redressal of grievances, offering a fair and impartial mechanism for resolving conflicts between buyers and developers.
- Protecting the interests of homebuyers: UP RERA ensures timely completion of projects and fair compensation for delays or deficiencies, safeguarding the rights and investments of homebuyers.
Filing a Complaint with UP RERA: A Step-by-Step Guide
The following steps outline the process of registering a complaint with UP RERA:
- Access the UP RERA Website: Visit the official website of UP RERA at https://www.up-rera.in/.
- Navigate to the Complaints Section: Look for the dedicated section or link related to “Complaints” or “Grievances” on the website.
- Choose the Appropriate Complaint Type: Select the specific category of complaint that applies to your situation (e.g., “Complaint for Compensation”).
- Conciliation Forum Option: At this stage, a message box will appear asking if you want to use the Conciliation Forum option. This forum offers an alternative dispute resolution mechanism where a neutral third party helps facilitate a settlement between you and the developer.
- Previous Judgments and Ongoing Cases: If you choose not to use the Conciliation Forum, you will be asked if there is a previous RERA judgment on the same issue and if there are any ongoing cases in other courts related to the matter. You will need to answer these questions to proceed with your complaint.
- Register or Log In: If you are a new user, you will need to register on the portal by providing your email address and creating a password. Existing users can log in using their credentials.
- Provide Necessary Information: Fill in the online complaint form with accurate and detailed information. This typically includes:
- Your personal details (name, address, contact information)
- Details of the developer or project against whom you are filing the complaint
- The nature of your complaint and the specific violations or deficiencies
- Supporting documents (e.g., sale agreement, payment receipts, correspondence with the developer)
- Pay the Complaint Fee: A fee of ₹ 1,000 is required to register a complaint. This fee can be paid online through the available payment gateways.
- Obtain Complaint Number: Upon successful submission of the complaint and payment of the fee, you will receive a unique complaint number. This number is essential for tracking the status of your complaint.
UP RERA has devised an electronic framework for resolving complaints submitted by homebuyers, developers, and property managers:
- The system automatically assigns the case to the appropriate UP RERA panel based on the project’s location.
- Both the applicant (the person filing the complaint) and the respondent (the developer or party against whom the complaint is filed) receive electronic notifications via email.
- The case information and any related documents are accessible online.
- The automated portal aims to resolve the case on the first court hearing.
- The final order and settlement agreement are published on the portal and sent to both parties.
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Essential Documents for RERA Complaint Registration in Uttar Pradesh
Gathering and submitting the necessary supporting documents is crucial for a smooth and successful complaint registration process. These may include:
- Identity Proof: This could be your Aadhaar card, PAN card, passport, or any other government-issued identification document. This document verifies your identity and ensures that the complaint is being filed by a legitimate individual.
- Address Proof: Documents like utility bills, bank statements, or any other document that verifies your current address are required. This confirms your place of residence and helps establish jurisdiction for the complaint.
- Sale Agreement: The legally binding agreement between you and the developer outlining the terms and conditions of the property purchase is a key document. It provides evidence of the transaction and the agreed-upon terms.
- Payment Receipts: Proof of all payments made to the developer towards the purchase of the property is essential. This demonstrates your financial commitment and helps establish any discrepancies in payments.
- RERA Registration Details: Details of the project’s registration with UP RERA, including the registration number and date, are necessary to verify the project’s legitimacy and compliance with RERA regulations.
- Project-Related Documents: Brochures, floor plans, and any other relevant documents related to the project can provide further context and support your claims.
- Correspondence with the Developer: Any emails, letters, or notices exchanged with the developer regarding the issue can serve as evidence of your attempts to resolve the matter before filing a formal complaint.
Time Frame for Resolving Complaints
RERA aims to resolve complaints in a timely and efficient manner. The UP RERA utilizes an automated portal that aims for resolution on the first court hearing. While the exact time frame may vary depending on the complexity of the case, this system is designed to expedite the process and provide quicker resolutions for complainants.
Contacting UP RERA
If you have any queries or require assistance with the complaint registration process, you can contact UP RERA through the following channels:
UP RERA Headquarters
- Helpline Numbers: 91516-02229, 91516-42229, 05222-781452
- Email ID: contactupreraup-rerain
- Address: Naveen Bhavan, Rajya Niyojan Sansthan, Kala Kankar House, Old Hyderabad, Lucknow – 226007
UP RERA Regional Office
- Helpline Numbers: +91 9151672229 , +91 9151682229, 0120-2326111
- Email ID: contactupreraup-rerain
- Address: H – 169, Chitvan State Rd, Estate Sector, Block H, Gamma II, Greater Noida, Uttar Pradesh – 201308
Contact Person in UP-RERA:
- Name: Smt. Tahreem Khan (Registrar)
- Phone: 75100-01065
- Email: upreatgmailcom, upreatecourtgmailcom
Having multiple contact options can be helpful in case one channel is unresponsive.
Recent News and Updates (UP-RERA)
UP RERA has been actively taking measures to strengthen the real estate regulatory framework in the state. Some recent developments include:
UP RERA has demonstrated a proactive approach in ensuring compliance by developers. This includes conducting on-site visits to project locations, taking legal actions against defaulters, and issuing public notices to inform and protect homebuyers. These efforts highlight the authority’s commitment to enforcing RERA regulations and safeguarding the interests of homebuyers.
In addition to its enforcement activities, UP RERA is also focused on streamlining processes and improving user experience. The authority is planning to launch a single window system to facilitate easier access to information and services. This initiative aims to reduce bureaucracy and make it more convenient for homebuyers and developers to interact and file complaint with UP RERA.
Furthermore, UP RERA has achieved significant success in recovering funds for homebuyers. As mentioned earlier, the authority has recovered INR 1,232 crore for 5,124 homebuyers. This demonstrates the effectiveness of UP RERA in holding developers accountable and ensuring that homebuyers receive the justice and compensation they deserve.
Conclusion
Registering a complaint with UP RERA is a crucial step towards seeking redressal for grievances related to real estate projects. By understanding the process, gathering the necessary documents, and staying informed about recent updates, homebuyers can effectively utilize the platform provided by UP RERA to protect their rights and interests.
The UP RERA has made significant strides in regulating the real estate sector and protecting homebuyers. The establishment of a comprehensive online complaint system, the proactive approach to enforcement, and the recovery of substantial funds for aggrieved homebuyers demonstrate the authority’s commitment to its mandate.
However, challenges remain, such as the need to further streamline processes and ensure timely resolution of all complaints. By continuing to strengthen its regulatory framework and address these challenges, UP RERA can further enhance transparency, accountability, and consumer confidence in the real estate sector of Uttar Pradesh so that any homebuyer can easily file a complaint with UP RERA.
Frequently Asked Questions
What is UPRERA, and why should I file a complaint there?
Answer: UPRERA stands for Uttar Pradesh Real Estate Regulatory Authority. It’s a regulatory body established under the Real Estate (Regulation and Development) Act, 2016, to protect the interests of homebuyers and regulate the real estate sector in Uttar Pradesh.
You should file a complaint with UPRERA if you have a dispute with a builder or developer regarding a property purchase in Uttar Pradesh, such as:
Delayed possession of your property,
Deviations from the approved building plans,
Deficiencies in construction quality,
Non-refund of your money, and
Misrepresentation or fraud by the builder.How can I register a complaint with UPRERA?
Answer: You can do a RERA complaint registration in Uttar Pradesh through the UPRERA website. Here’s a step-by-step guide:
1. Go to the official UPRERA website: https://www.up-rera.in/
2. Click on the “Complaints” tab in the top menu bar.
3. Select “Register Complaint” to start the complaint filing process.
4. If you’re a new user, sign up using your email address or OTP (One-Time Password).
5. Fill in your details, including your name, address, and password.
6. Once you’ve signed in, provide the required information, such as your personal details, the type of complaint, details of the respondent (builder or developer), and other relevant information.
7. Pay the complaint fee online.
8. After successful payment, you’ll receive a complaint number. Keep this number safe for future reference and tracking your complaint status.What documents do I need to file a complaint with UP RERA?
Answer: When filing a complaint, keep the following documents handy:
1. Your allotment letter or agreement of sale.
2. Receipts of payments made to the builder.
3. Photographs or videos supporting your complaint (if applicable).
4. Any other relevant documents related to the dispute.Is there a fee for filing a complaint with UPRERA?
Answer: Yes, there is a nominal fee of ₹ 1,000/- for filing a complaint with UPRERA. You can pay the fee online through the UPRERA portal using various payment methods.
How can I track the status of my complaint?
Answer: You can easily track the status of your complaint online through the UPRERA website.
1. Go to the UPRERA website and click on the “Complaints” tab.
2. Select “Complaint Status.”
3. Enter your complaint number and the captcha code.
4. Click on “Submit” to view the current status of your complaint.What happens after I file a complaint?
Answer: After you file a complaint, UPRERA will examine it and may try to resolve the issue through conciliation. If conciliation fails, the matter may be referred to the Bench/adjudicating officer for a formal hearing and decision.
What are the timelines for resolving complaints under UP-RERA?
Answer: UPRERA aims to resolve complaints within 60 days. However, the actual time may vary depending on the complexity of the case and the cooperation of both parties involved.
Important Note: The information provided here is for general guidance only. It’s always advisable to consult with a legal professional or refer to the official UPRERA website for the latest rules and procedures.Can I file a complaint against a builder even if my project is not registered with UPRERA?
Answer: This is a tricky situation. Ideally, all real estate projects above a certain size should be registered with UPRERA.
However, if your project isn’t registered, you can still approach UPRERA.
They might advise you to file a complaint with the Consumer Forum or another appropriate authority.
It’s best to contact UPRERA/Advocates directly for guidance in this specific scenario.Can I withdraw my complaint once it’s registered with UPRERA?
Answer: Yes, you can withdraw your complaint. You’ll need to submit a written application to UPRERA stating your reasons for withdrawal. However, keep in mind that your submitted fee will not be returned when you originally registered the complaint with UP RERA.
What if I am not satisfied with UPRERA’s decision on my complaint?
Answer: If you’re not satisfied with UPRERA’s decision, you have the right to appeal to the Real Estate Appellate Tribunal (REAT) within 60 days of the order. The REAT will review your case and give its verdict.
Can I file a complaint anonymously with UPRERA?
Answer: No, you cannot file a complaint anonymously. UPRERA requires you to provide your personal details for the registration and processing of your complaint. This is to ensure transparency and accountability in the process.
Does UPRERA provide any legal aid or assistance to complainants?
Answer: While UPRERA itself doesn’t provide direct legal aid, they do offer guidance and information to help you understand the complaint process. You can also seek legal advice from independent lawyers specializing in real estate matters.
Can I file a complaint with UP RERA on behalf of someone else, like a family member?
Answer: Generally, complaints should be filed by the aggrieved person themselves. However, in certain circumstances, you might be able to file a complaint with UP RERA on behalf of someone else if you have their Power of Attorney or are acting as their legal guardian.
It’s best to contact UPRERA/ independent lawyers to clarify the requirements in such cases.What if the builder doesn’t comply with UPRERA’s orders?
Answer: If a builder fails to comply with UPRERA’s orders, the authority has the power to impose penalties, issue recovery certificates, or even initiate legal proceedings against the builder to ensure compliance.