File Complaint Against Builder: Choosing Between RERA and Consumer Court
Choosing Between RERA and Consumer Court for Builder Complaints
Purchasing property is one of the biggest investments in a person's lifetime. Unfortunately, disputes with builders and developers are quite common. If you are facing delays or any false promises from your builder, you have two main forums to approach: RERA (Real Estate Regulatory Authority) and Consumer Court.
Both, Consumer Court and RERA deal with property disputes, so which one should you choose? Today’s blog will clarify which platform you should approach based on your type of complaint.
Understanding RERA
The Real Estate Regulatory Authority (RERA) is a government body set in place to regulate real estate transactions and safeguard the buyers. It helps make builders more transparent and responsible.
RERA deals only with real estate issues. It operates under the RERA Act, 2016, and provides a mechanism for resolving such conflicts. Each state has its own RERA authority where you can file complaints.
When to Approach RERA
RERA is typically the better choice when:
• Your project is registered under RERA
• You want a quicker resolution (RERA aims to resolve cases within 60 days)
• You're looking for refunds, interest, or possession of property
• Your project is delayed and you haven't gotten possession
• The construction quality is poor
• Layout or design is changed or different from the original approved plan
Understanding Consumer Court (NCDRC)
The National Consumer Disputes Redressal Commission (NCDRC) handles all types of consumer complaints under the Consumer Protection Act. It helps with all types of goods and services, including real estate.
When to Approach Civil Court/Consumer Court
For issues related to the service from builders or developers, you can go to the consumer court:
• The project is not registered under RERA
• You want compensation for mental stress or poor service and not just a refund
• Your claim exceeds a high monetary value
• Your specific issue isn't addressed in the RERA Act
• You want compensation beyond just refunds
Difference between RERA and Consumer Court
The main difference is that RERA specialises in real estate disputes, while the consumer courts handle all types of consumer issues. RERA typically is faster and less expensive.
Jurisdiction
RERA: Only real estate projects (residential and commercial) that haven't received completion certificates as of May 1, 2017, are eligible.
Consumer Court: The consumer court resolves all disputes involving goods and services of any financial value.
Reliefs Offered
RERA: Section 18 of the RERA Act, 2016, can help you get refunds with interest and compensation for delays.
Consumer Court: Section 39 of the Consumer Protection Act 2019 will safeguard you against unfair practices in the trade of goods and practices.
Making Your Choice
Ultimately, it varies in each case as to which platform is the right one for your complaint. Remember that you cannot approach both RERA and the Consumer Court together, so assess your situation well. Simply put, if you want quick redressal and cost-effectiveness, RERA is the better choice. But if your complaint is out of RERA’s jurisdiction, approach the Consumer Court.
Choose wisely to protect your investment and secure the property you were promised.
Frequently Asked Questions (FAQs)
Can you file a complaint in both RERA and NCDRC?
Yes, but not for the same issue at the same time. You must choose one platform for a particular complaint. As per the Supreme Court, you can choose either RERA or Consumer Court to avoid violations. So assess which category your complaint falls into and consult an expert.
Can a RERA order be challenged in High Court?
If you're not happy with the decision from RERA, you can appeal to the RERA Appellate Tribunal (within 60 days). If you are still not satisfied, you can approach the High Court.
Do I need a lawyer to file a RERA complaint?
No, you can file it yourself or ask a CA or lawyer to help.
How long does it take to resolve a RERA case?
Usually within 60 days, as per Section 29(4) of RERA Act, 2016.
How long does it take to resolve a property case in consumer court?
Typically 3 months from the notice date.
Can we go to consumer court against a builder?
Yes, you can approach the consumer court if you are unsatisfied with the service from the builder. If you want compensation in addition to a refund, or if your issue isn't under RERA jurisdiction, you need to file a case in court.
Disclaimer: This blog is for information purposes only. Please verify the information and consult an expert. Commercialnoida isn't legally responsible in case of disputes.
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