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Adv Tanvi Malik
Adv Tanvi Malik. | 6 days ago | 3188 Views

How RERA Save People From Fraud?

The Indian real estate industry has had a long history of frauds, project delays, and non-transparency. Real Estate Regulation and Development Act 2016 (RERA) was made by the government to protect homebuyers and regulate the industry. This act makes sure that real estate transactions are correct, honest, and effective. RERA prevents buyers from fraud and through this one can take a legal course of action against fraud builders.

Who Regulates RERA in India?

The central government and state governments both execute the Real Estate Regulation and Development Act 2016 (RERA). At each state and union territory level, the Real Estate Regulatory Authority (RERA) is the regulatory authority for overseeing real estate projects.  

Every state has its RERA authority to ensure that the developers and the real estate agents follow the law. The main functions of these authorities include:

  • Ensuring builders register their projects before launching sales 
  • Maintaining transparency in project details 
  • Protecting buyers from false advertisements 
  • Addressing complaints against builders  

The central government monitors RERA implementation, but states have the power to set their own rules under the act.

How Many States Have Implemented the RERA Act?

As of today, most states and union territories in India have implemented RERA and established their respective regulatory bodies. However, the implementation of the law has not been uniform across various states. 

Some states where RERA is fully operational include:

  • Maharashtra (MahaRERA)
  • Karnataka (K-RERA)
  • Uttar Pradesh (UP-RERA)
  • Delhi (Delhi-RERA)
  • Tamil Nadu (TNRERA)

Before investing, buyers must check whether the project is registered with the state RERA authority.

How to File a RERA Complaint?

A RERA Lawyer or property law attorney can help buyers take legal action against fraudulent builders. The process includes:

  • Sending a legal notice to the builder demanding action or compensation. 
  • Filing a formal complaint with the state RERA authority in case the builder does not respond.
  • Attending RERA hearings to present evidence against the builder. 
  • Appealing to the Appellate Tribunal if dissatisfied with the RERA authority’s decision. 
  • Approaching higher courts like the High Court or Supreme Court if necessary.
  • Submit the complaint and track its status through the portal.

Buyers who have faced losses due to unregistered projects or misleading advertisements can use RERA provisions to seek justice.

How to Raise a RERA Complaint Against a Builder?

A RERA Lawyer or real estate lawyer specializes in dealing with real estate fraud, ensuring that buyers receive justice under the law. Hiring a property law attorney provides several advantages:

  • To ask developer to do something or compensate for not doing something, send a legal notice to him. 
  • If the builder does not respond, file a formal complaint with the state RERA authority. 
  • Go to the hearings of RERA and produce evidence against the builder. 
  • If you are unhappy with the ruling of the RERA of authority, you can appeal to the Appellate Tribunal. 
  • If needed, go to higher courts like the High Court or Supreme Court.  

Buyers who incurred a loss on account of unregistered projects or misleading advertisements can take recourse to the RERA provisions.

Why Should You Hire a RERA Lawyer?

A RERA Lawyer or real estate lawyer specializes in handling real estate fraud and making sure that the buyers get justice as per the law. Hiring a property law attorney has several benefits:

  • Expertise in property laws such as: 
  1. The Transfer of Property Act 1882 (Governs the transfer of property rights) 
  2. The Registration Act 1908 (Ensures proper documentation of property transactions) 
  3. The Indian Easement Act 1882 (Deals with property rights such as access, air, and water usage) 
  4. The Indian Contract Act 1872 (Covers builder-buyer agreements)
  • To make sure that legal documents like lease and rent agreements are done properly
  • To represent buyers in RERA tribunals and higher courts if necessary
  • To help with the will registration so that legal heirs can claim property rights.

RERA lawyer in Delhi or any other city can help buyers file complaints and get back their money from fraudulent developers.

Other Legal Safeguards for Property Buyers

Except for RERA, homebuyers can guard themselves through an assortment of legal mechanisms:

  • Verifying property registration in accordance with The Registration Act 1908 for authenticity. 
  • Get the builder agreements verified under The Indian Contract Act 1872 to rule out hidden clauses. 
  • Speak to a real estate lawyer before you sign any agreement.  
  • Working with a licensed real estate agent to avoid fraudulent transactions.

In conjunction with RERA, these measures assist buyers in making safe and legally sound real estate investments.

Conclusion

The Real Estate Regulation and Development Act 2016 (RERA) has made the real estate sector more transparent and protected homebuyers from frauds. Buyers may lodge complaints under RERA against such builders to seek accountability and compensation for their losses. A RERA lawyer or property law attorney will make sure that all legal formalities are done correctly. 

Anyone making a real estate investment must check RERA registration, verify legal documents and get legal advice as and when required. With the proper understanding and use of RERA laws, homebuyers can protect their investments from fraudulent deals.

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