If you are a homebuyer grappling with project delays, builder violations, or non-compliance by a real estate developer in Kerala, you can file a complaint online with the Kerala Real Estate Regulatory Authority (K-RERA) under the Real Estate (Regulation and Development) Act, 2016. The process is fully digital, and the Authority has the power to order compensation, interest, and penalties against errant builders.In a recent order, K-RERA directed a builder in the state capital to pay two homebuyers simple interest at 16.65% per annum for delaying a flat in the Sparrow Paradise project at Kudappanakunnu. The buyers, Dr Ullas Raghavan and Shakuntala Prabhakaran, had paid around Rs 1.02 crore for the 1,765 sq ft flat. The interest will be calculated from Dec 1, 2018 on the Rs 54.41 lakh advance and on subsequent payments until the flat is handed over.K-RERA directed Sparrow Construction Management & Consultancy and its partner, Jahad A Majeed, to pay the interest within 60 days. It also ordered them to complete the flat and common amenities within six months, obtain an occupancy certificate and execute the sale deed. The authority rejected the buyers’ demand for 20% interest and fixed the rate at 16.65% under the statutory formula. It held that the promoter could not cite demonetisation, floods, pandemic or labour shortages to justify the delay of over seven years.If you find yourself in a similar situation, here is how you can file a complaint with K-RERA:
Who can file a complaint?
As per Section 31 of the Act, any aggrieved person can file a complaint with the Authority or the Adjudicating Officer for violation of the Act or Rules. “Person” includes the association of allottees or any voluntary association registered under any law. Complaints regarding violation of provisions are filed before the Authority, while claims for compensation under Sections 12, 14, 18, and 19 must be filed before the Adjudicating Officer.The complainant can appear in person or authorise a Chartered Accountant, Company Secretary, Cost Accountant, Legal Practitioner, or an officer to present the case. The Authority has the same powers as a Civil Court under the Code of Civil Procedure, 1908 for summoning witnesses, examining documents, and ordering discovery and production of records.
Step-by-step process to file a complaint online:
1. Create a user accountVisit the K-RERA website and click on “New Registration.” Select user type as “Complainant.” Enter all details and click on “Create user.” A verification link will be sent to the registered email ID. Click on the link to verify your account. You can file multiple complaints under one user name.2. Complete the Complainant’s ProfileAfter logging in, click on “Account” in the menu. Fill in the required details in the Complaint’s Profile section and save.3. Add a new complaintClick on “Complaint Details” and select “Add New Complaints.” Filing a complaint is done in five steps:
- Step 1: Add Complaint — Select the type of complaint and the respondent. If the project is registered with RERA, the system will automatically populate project details.
- Step 2: Add Complainant — Provide complainant name, type, a brief description of the case, address, and contact details. Co-owners of a single flat can file together, but two different apartment allottees cannot file a single case.
- Step 3: Add Respondent — Provide respondent name, type, address, and contact details. Multiple respondents can be added.
- Step 4: Upload documents — Upload the following mandatory documents:
- Facts of the case: A concise statement of facts and grounds for complaint against the respondent
- Relief(s) sought: Specify claims and the legal provisions relied upon
- Interim order (if any)
- Vakalat/authorisation letter (if a legal representative is appointed)
- Any other supporting documentation related to the case
- Step 5: Declaration — Confirm that all information is true and that the complaint is not pending before any court, Authority, or Tribunal.
4. Pay the feeOnce all steps are completed, click on the “Payment” tab. A preview of the complaint will appear. Click on “Proceed to payment” and make the payment online.
