The real estate industry is a significant part of the Indian economy, involving complex transactions for buying, selling, and renting properties. However, many consumers encounter issues such as delayed possession, poor construction quality, and misrepresentation. Understanding your rights under the Real Estate (Regulation and Development) Act, 2016 (RERA) and other relevant laws is crucial to resolving these problems effectively.

Common Complaints in the Real Estate Industry

Here are some of the most common complaints faced by buyers, sellers, and tenants in real estate transactions, along with guidance on how to address them:

1. Delayed Possession

• One of the most significant issues homebuyers face is delayed possessionof their property. Builders are required to hand over possession within the stipulated timeframe as per the agreement. If the builder fails to do so, you can claim a refund or seek compensation.

2. Poor Construction Quality

• Buyers often discover that the property does not meet the promised specifications or quality standards. This includes issues like substandard materials, poor finishes, or structural defects.

3. Misrepresentation of Property Details

• Misrepresentation can involve false claims regarding the size, location, amenities, or price of a property. Builders and real estate agents are obligated to provide accurate and truthful information.

4. Unclear Title or Ownership Issues

• Issues related to property title, such as disputes over ownership or unclear titles, can cause significant problems for buyers. Buyers have the right to demand clear title deeds and verification of ownership before completing a transaction.

5. Non-Refund of Advance Payments

• If a deal falls through, buyers often face challenges in getting their advance payments refunded. Builders and agents are required to refund amounts in a timely manner if the transaction does not go through.

6. Violation of RERA Regulations

• RERA has set guidelines for builders and developers to protect consumers. Any violation of these regulations can be reported to RERA. This includes non-registration of projects, failure to provide occupancy certificates, and non-compliance with project specifications.

7. Tenant Issues

• Tenants may face issues such as unjust eviction, failure to return security deposits, or lack of maintenance. Tenants have rights under the Rent Control Act and can seek legal recourse against landlords.

Your Rights as a Consumer in the Real Estate Industry

As a consumer, you are protected by several laws and regulations when engaging in real estate transactions. Here are your key rights:

1. Real Estate (Regulation and Development) Act, 2016 (RERA)

• RERA aims to promote transparency and protect consumer interests in the real estate sector. It provides consumers the right to receive timely possession, clear title, and quality construction. You can file complaints with the RERA authority for violations by builders or developers.

2. Consumer Protection Act, 2019

• Under this Act, you have the right to seek redressal for grievances related to unfair trade practices, misrepresentation, and deficiency in services. You can approach consumer courts for disputes arising from real estate transactions.

3. Indian Contract Act, 1872

• This Act governs contracts in India. It provides the framework for the enforceability of agreements made between buyers and sellers, protecting your rights in the event of a breach of contract.

4. Rent Control Act

• This Act governs the relationship between landlords and tenants, ensuring tenant rights are protected, including rent control and eviction procedures.

Common Issues with Different Types of Real Estate Transactions

Consumers face specific issues based on the type of real estate transaction. Here are some common categories:

1. Residential Properties

• Issues related to delayed possession, poor construction quality, or misrepresentationare prevalent in residential property transactions.

2. Commercial Properties

• Buyers and tenants of commercial properties may face disputes related to lease agreements, hidden costs, or maintenance obligations.

3. Plots and Land Deals

• Issues like disputes over land titles, illegal construction, or land-use violationscan arise. It is vital to ensure that all land deals are legally compliant.

Top Real Estate Developers in India (2024)

If you are facing issues with any of the following prominent real estate developers, you can file complaints for delayed possession, poor quality, or misrepresentation:

Top Real Estate Developers

• DLF Limited
• Omaxe Limited
• Godrej Properties
• L&T Realty
• Mahindra Lifespace Developers

Conclusion

Understanding your rights and how to address complaints in the real estate industry is vital for ensuring a smooth and fair transaction. Whether you face issues related to delayed possession, poor construction quality, or misrepresentation, knowing the appropriate steps to take can help protect your interests and secure your investment.