Understanding Section 31 of the RERA Act: A Guide for Homebuyers

When buying a home, it is crucial to feel secure in your investment. But what happens if the promises made by a builder are not kept? This is where Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) comes to the rescue. It gives homebuyers a powerful tool to fight for their rights and hold builders accountable.

In this guide, we will break down what Section 31 is all about and how it works to protect you.

What is Section 31 of the RERA Act?

Section 31 of RERA Act lets homebuyers and other stakeholders file complaints against builders or developers for non-compliance with the law. This section gives individuals the right to approach the Real Estate Regulatory Authority (RERA) or an adjudicating officer to resolve disputes.

In simple terms, if a builder does not deliver on their promises—whether it is late possession, poor construction quality, or hidden charges—you can raise your voice under this section.

Who can file a complaint under Section 31?

The law ensures that a broad group of stakeholders can seek justice. These include:

• Homebuyers: If you are the buyer of a property, Section 31 allows you to act.
• Allottees: Anyone who has been allotted a property in a real estate project can file a complaint.
• Associations of buyers: Groups of homebuyers facing common issues, such as delayed possession or false promises, can collectively file complaints.
• Other stakeholders: This includes legal heirs, tenants, or even contractors who are affected by the builder’s misconduct.

Common complaints filed under Section 31

Section 31 of RERA is often used to address issues such as:

• Delayed possession: Builders not delivering homes on time is one of the most common complaints.
• Changes in project plans: If a developer makes changes to the project layout or design without the buyer’s consent, it violates RERA provisions.
• Hidden costs: Some builders impose extra charges that were not disclosed earlier.
• False promises: Developers sometimes advertise features or amenities they do not provide.
• Substandard construction quality: If the materials used in construction do not meet promised standards, buyers can file a complaint.

How to file a complaint under Section 31

To file a complaint under Section 31 of the Real Estate (Regulation and Development) Act (RERA), you can:

1. Create an account on the RERA portal for your state.

2. File the complaint using Form A.

3. Include the following details:

• Building, wing, flat, shop, or unit number
• Names of all owners or joint owners
• Total consideration value
• Amount of money paid to date
• Date of allotment or booking
• Date of agreement (if any)
• Date of possession (if mentioned in the agreement)

4. Attach documents such as payment receipts, agreements, and correspondence.

You can file a complaint against promoters, allottees, and/or real estate agents.The RERA authority is required to resolve complaints within 60 days, but the period may be extended in certain cases.

Role of adjudicating officers

Section 31 also allows adjudicating officers to handle cases that involve compensation. These officers review the complaints and decide if the homebuyer is eligible for financial relief.

For example, if a builder delays possession and you are forced to pay rent elsewhere, the adjudicating officer may direct the builder to compensate you for those expenses.

Why is Section 31 important?

Section 31 plays a vital role in protecting homebuyers. Here is why it matters:

• Accountability: Builders must follow the law, knowing that homebuyers have the power to challenge any unfair practices.
• Transparency: It ensures that real estate transactions are clear and fair.
• Consumer empowerment: Homebuyers no longer need to suffer in silence. They can take action to safeguard their interests.

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Remember, buying a home is a big decision. While Section 31 ensures your rights as a buyer, partnering with a reliable home loan provider like Bajaj Housing Finance makes the journey smoother. Secure your future with the right support at every step.