I will discuss complete procedure of filing complaint and format of UPRERA and HRERA.
HRERA- GURUGRAM/PANCHKULA RERA DRAFT FORMATS
BUILDER COMPLAINT RERA
Format of complaint
The new RERA act has a mechanism to handle builder complaints and has a specialized authority to handle builder related issues.
But you need to draft a complaint in compliance with the rules.
- Mention the place of authority, the detail of the authority has to be mentioned at the top of the complaint.
- The complete name and address of the complainant and respondents has to be mentioned in the specified.
- You have to mention why the tribunal has the jurisdiction.
- complete facts of the case needs to be mentioned-:
Date of the agreement
complete payment details
Project complete details
Date of possession
Facts leading to delay in possession.
Defects if possession has already take
Breach of builder buyer agreement
Remember that the facts has to be mentioned in detail.
5. Mention clearly relief to be sought, like you want possession/compensation/removal of defects in possession/penelty and interest.
6.Interim orders Like till pend ency of complaint what interim order you wish to have like stay on cancellation of allotted unit
7.Complaint not pending before any tribunal.
8.Court fees details under RERA rules state will have certain court rules.
9.List of enclosures-Attach all documents like receipts/agreement
Verification of the complaint as per format
The RERA Gurugram has prescribed two formats recently. One is FORM CRA and another is FORM CAO.
FORM CRA is to be filled if your case is of Delayed possession + interest
FORM CAO is to be filled in case you want to file with Adjudicatory Authority for Refund and Interest.
You need to pay online the fee of Rs 1000 + Rs. 10 per annexure.
FILING PROCESS AT GURGAON RERA?
You need to fill form CRA or Form CAO as per your relief and submit 3 sets plus one CD to the RERA Gurgaon office. After which you will get filing number and date of hearing will be intimated to you via online.
NOTICE TO OPPOSITE PARTY?
The notice to opposite party is to be issued by HRERA and on first date of hearing either reply by builder is filed or they will sought time.
The final arguments in RERA case will take place as soon as reply is filed and case is again listed for final arguments and judge will pronounce order thereafter or may direct to file written submission.
UPRERA FILING PROCEDURE
The filing procedure in UPRERA is online a form is there you just need to fill form and pay online.
Upload the documents online and the case will be registered.
Date will be intimated online only.
You will get opportunity to present case as of now hearings taking place through VC.
At the stage of Final arguments written submissions can be submitted and decision will be pronounced.
If you need help feel free to contact Advocate Nitish Banka at 9891549997.