The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect homebuyers and ensure transparency in the real estate sector. One of the most common concerns among property buyers—especially those dealing with delayed or incomplete developments—is captured by the question: Can You File a RERA Complaint for Under-Construction Projects in Chandigarh? This article explores the legal framework, procedural steps, and relevant statutory provisions that empower buyers to seek redressal under RERA. It is designed to assist both law students and clients in understanding their rights and remedies under the Act.
Understanding RERA and Its Applicability to Under-Construction Projects
The Real Estate (Regulation and Development) Act, 2016 came into force on May 1, 2016. Its primary objective is to regulate the real estate sector, promote transparency, and protect the interests of consumers. The Act mandates registration of real estate projects and agents, and establishes Real Estate Regulatory Authorities (RERAs) in each state.
Applicability of RERA in Chandigarh
Chandigarh follows the Central RERA rules, as it is a Union Territory. The Chandigarh Real Estate Regulatory Authority (CRERA) is the competent authority for handling complaints related to real estate projects within the jurisdiction.
Definition of Under-Construction Projects
Under Section 2(zn) of the RERA Act, an “ongoing project” refers to a real estate project that has not received a completion certificate prior to the commencement of the Act. Therefore, under-construction projects fall within the purview of RERA, provided they are registered with the authority.
Mandatory Registration Under Section 3
Section 3 of the RERA Act mandates that all ongoing and new real estate projects exceeding 500 square meters or involving more than eight apartments must be registered with the respective RERA authority. Failure to register attracts penalties under Section 59.
Grounds for Filing a RERA Complaint for Under-Construction Projects in Chandigarh
Buyers of under-construction properties often face delays, non-disclosure of project details, and deviation from approved plans. RERA provides specific grounds for filing complaints.
Delay in Possession
Section 18(1) of the Act entitles the allottee to claim a refund along with interest if the promoter fails to deliver possession by the agreed date.
Misrepresentation or False Advertisement
Section 12 of the Act allows buyers to seek compensation if the promoter provides false information or misleading advertisements.
Structural Defects and Quality Issues
Under Section 14(3), the promoter is liable to rectify structural defects or poor workmanship within five years of possession.
Procedure for Filing a RERA Complaint in Chandigarh
Filing a complaint under RERA involves a structured process. The Chandigarh RERA portal facilitates online submission of grievances.
Step 1: Drafting the Complaint
The complaint must include:
- Details of the complainant and promoter
- Project registration number
- Nature of grievance
- Relief sought
Step 2: Submission on CRERA Portal
The complaint can be filed online at https://rera.chbonline.in. A nominal fee is charged for registration.
Step 3: Hearing and Adjudication
The authority issues a notice to the promoter and conducts hearings. Orders are passed under Section 31 of the Act.
Assistance from High Court Advocates in Chandigarh
High court advocates in Chandigarh often assist in appellate matters arising from RERA orders, especially when challenging decisions before the Appellate Tribunal or High Court under Section 44.
Legal Remedies and Enforcement of RERA Orders
RERA orders are binding and enforceable. Buyers can seek execution of orders through civil courts if the promoter fails to comply.
Appeal Mechanism Under Section 44
Aggrieved parties can file an appeal before the Real Estate Appellate Tribunal within 60 days of the order.
Execution of Orders
Section 40 of the Act empowers the authority to recover dues as arrears of land revenue.
Penalties for Non-Compliance
Promoters who fail to comply with RERA orders may face penalties under Section 63, including fines and imprisonment.
Important Legal Provisions Relevant File a RERA Complaint for Under-Construction Projects
The following sections of the RERA Act are particularly relevant to under-construction projects:
| Section | Provision | Relevance |
| 3 | Mandatory registration | Ensures transparency |
| 12 | False advertisement | Protects buyer interests |
| 14 | Adherence to sanctioned plans | Prevents deviation |
| 18 | Refund for delay | Buyer compensation |
| 31 | Complaint mechanism | Legal remedy |
| 40 | Execution of orders | Enforcement |
| 44 | Appellate remedy | Judicial review |
FAQs on a File a RERA Complaint for Under-Construction Projects
1. Can I file a RERA complaint if the project is not registered?
Yes. Under Section 3, non-registration itself is a violation. You can file a complaint for non-registration and seek penalties under Section 59.
2. What documents are required to file a RERA complaint?
You need:
- Allotment letter or agreement to sell
- Payment receipts
- Project registration details (if available)
- Correspondence with the builder
3. Can I seek both refund and compensation?
Yes. Section 18 allows refund with interest, and Section 12 permits compensation for misrepresentation. Both remedies can be claimed simultaneously.
4. Is legal representation mandatory in RERA proceedings?
No, but it is highly recommended. RERA lawyers in Chandigarh ensure procedural compliance and effective presentation of your case.
5. Can I appeal a RERA order?
Yes. Under Section 44, you can appeal to the Real Estate Appellate Tribunal within 60 days. Further appeal lies with the High Court.