RERA Complaint Filing For Residential Property

Here is a practical guide to RERA complaint filing for a residential property, written for owners, buyers and families in Delhi NCR and elsewhere in India. The firm of Advocate B.K. Singh handles this work from offices in Dwarka, New Delhi and Vaishali, Ghaziabad.

In short. A RERA complaint is filed online before the state Real Estate Regulatory Authority under section 31 of the RERA Act 2016 against a promoter for delay, refund, defects or other violations. The Authority can order refund with interest or monthly delay interest; compensation goes to its adjudicating officer. There is no fixed limitation period, but file promptly. Orders are enforceable as arrears of land revenue.

The Real Estate (Regulation and Development) Act 2016 created a regulator for builders in each state and gave homebuyers a quicker route than a civil suit. If a builder has delayed possession, changed the plan, demanded charges not in the agreement, failed to register the conveyance deed, or handed over a flat with serious defects, a complaint under section 31 goes to the state RERA authority: Delhi RERA for projects in Delhi, UP RERA for Noida, Greater Noida and Ghaziabad, and Haryana RERA for Gurugram and the rest of Haryana.

The process is mostly online and designed to be used without a lawyer, and many buyers do file on their own. Where cases go wrong is in choosing the relief, framing the facts against the agreement, and following through after the order. This page explains who can file, what RERA can and cannot do, how to file, how long it takes, how orders are enforced, and how the answer changes for a flat, a shop, a plot or an industrial unit. For the wider set of builder disputes, see our page on RERA complaints, appeals and builder disputes.

Law

Real Estate (Regulation and Development) Act 2016, ss.11, 12, 13, 14, 17, 18, 19, 31, 40, 43, 44, 58, 63, 71, 79; state RERA rules and regulations

Forum

State RERA authority (Delhi RERA; UP RERA, with an NCR office at Greater Noida; Haryana RERA at Gurugram and Panchkula); adjudicating officer for compensation

Time limit

No fixed limitation period in the Act for complaints; delay can still be argued, so file without waiting; appeal to the Appellate Tribunal within 60 days of the order

Who can file

Allottee, subsequent buyer, association of allottees, any aggrieved person; a promoter can also complain against an allottee

Documents

Allotment letter, builder buyer agreement, payment receipts and bank statements, demand letters, correspondence, possession offer, project registration details

Relief

Refund with interest, interest for delay, possession, conveyance deed, rectification of defects, compensation, directions to the promoter

Where do I file a RERA complaint and who can file it?

A RERA complaint is filed before the Real Estate Regulatory Authority of the state where the project is located, not where you live. A buyer in Mumbai with a flat in Noida files before UP RERA; a buyer in Delhi with a unit in Gurugram files before Haryana RERA at Gurugram. Each authority runs an online portal where the complaint is filled in, documents uploaded and the prescribed fee paid, and most hearings are now held online or in hybrid form.

Section 31 allows any aggrieved person to complain about any violation of the Act, the rules or the regulations by a promoter, an allottee or a real estate agent. In practice the complainant is usually an allottee: the original buyer, a subsequent buyer who purchased the allotment, or an association of allottees for common issues such as handing over common areas. A promoter can file against an allottee who has not paid, and an aggrieved person can complain about a project that should have been registered but was not.

The Act covers ongoing projects that did not have a completion certificate when the Act came into force on 1 May 2017, and all projects launched since. The Supreme Court in Newtech Promoters v State of UP (2021) confirmed this and also upheld the Authority's power to order refunds with interest. Projects completed and handed over before May 2017 are generally outside RERA, and those disputes go to the consumer commission or the civil court.

What can I complain to RERA about?

The commonest complaint is delay. Under section 18, if the promoter fails to complete the project or give possession by the date in the agreement, the allottee can either withdraw and claim a refund of the whole amount paid with interest, or stay in the project and claim interest for every month of delay until possession is handed over. That choice is yours, not the builder's, and it should be made deliberately before filing.

Other grounds follow the promoter's duties under the Act. Section 11 makes the promoter responsible for obligations under the agreement, for executing a registered conveyance deed and for handing common areas to the association. Section 12 makes the promoter liable for false statements in advertisements or brochures. Section 13 bars taking more than ten percent of the cost as advance without a registered agreement for sale. Section 14 bars changes to sanctioned plans without consent and makes the promoter fix structural defects and defects in workmanship or services reported within five years of possession, within 30 days and without charge.

Buyers also complain about possession offered without an occupancy certificate, super area charges replacing carpet area, escalation charges, club and maintenance demands outside the agreement, refusal to transfer the allotment, and cancellation with heavy forfeiture. Each of these needs to be tied to a clause of the agreement or a section of the Act in the complaint. A list of grievances without that link tends to produce a general direction rather than a specific order.

Common RERA reliefs and who decides them

The sections of the RERA Act that matter most

Authority or adjudicating officer: which one do I approach?

This split confuses many buyers. After Newtech Promoters, the position is that the Authority itself decides refund of the amount paid, interest on it, interest for delay and penalties, while the adjudicating officer decides compensation, meaning damages for loss beyond interest, such as rent paid elsewhere, mental agony or loss of opportunity. If you want both, you may need two proceedings, or one complaint with a request that the compensation part be sent to the adjudicating officer, depending on the state's practice.

Different states handle the forms differently. Haryana, for example, uses separate forms for complaints to the Authority and applications to the adjudicating officer. UP RERA's online system routes complaints by relief. Delhi RERA has its own forms and fee schedule. Check the current form on the portal before filing, because a complaint in the wrong form is not rejected outright in most cases but it can lose you hearings while it is corrected.

In most delay cases, the interest ordered by the Authority is the main money relief, and compensation is an addition that needs specific proof. Do not hold back a refund complaint while you collect evidence for compensation; file the Authority complaint first if the money is the priority.

Should I go to RERA or the consumer commission?

Both remain open. The Supreme Court in Newtech Promoters held that an allottee may choose between RERA and the consumer commission, since section 88 of the RERA Act keeps other remedies alive. What you generally cannot do is pursue the same relief against the same builder in both forums at the same time, so the choice should be made at the start.

RERA tends to suit buyers who want refund with statutory interest or delay interest, conveyance or rectification, and an order enforced through the revenue machinery. The interest rate is fixed by the state rules, commonly linked to the SBI marginal cost of lending rate plus a margin, so there is less argument about it. The consumer commission suits buyers who want a larger compensation claim decided in one place, or whose project falls outside RERA, such as one completed before May 2017. Consumer jurisdiction depends on the amount paid: District Commission up to 50 lakh rupees, State Commission up to 2 crore rupees, and the NCDRC above that.

If you are unsure, compare the likely interest under the state RERA rules with what a consumer commission might award, and consider which forum in your city is moving faster at present. Our pages on builder delay cases and consumer complaints in district and state commissions explain the consumer route.

How to file a RERA complaint

1. Check the project registration

   Search the project on the state RERA portal and download its registration details, the promised completion date, quarterly updates and the promoter's details. This tells you whether the project is registered, whether its completion date has been extended, and which entity to name as respondent.

2. Send a written demand first

   Write to the builder by email and registered post setting out the delay or defect and the relief you want. It is not a legal precondition, but it gives the builder a chance to respond and the reply often helps your complaint. A legal notice through an advocate is useful where large sums are involved.

3. Choose the relief and the forum

   Decide between refund and delay interest, and whether you also want compensation from the adjudicating officer. Check that you are not pursuing the same relief in a consumer commission. If several buyers have the same complaint, consider filing through the association or as separate complaints heard together.

4. Fill in the online complaint

   Register on the portal, choose the correct form, and give the facts briefly in date order: booking, agreement, payments, promised date, delay, demands, correspondence. State the sections relied on and the exact relief, including interest from each payment date. Keep it factual and refer to annexures by number.

5. Upload documents and pay the fee

   Upload the allotment letter, agreement, payment receipts, bank statements, demand letters, emails and any possession offer, as clear PDFs. Pay the prescribed fee online and download the acknowledgment with the complaint number.

6. Attend hearings and file a rejoinder

   The Authority issues notice to the promoter, who files a reply. File a short rejoinder answering new points, especially force majeure claims and allegations that you defaulted on payments. Attend every hearing, online or in person, and keep a note of each order.

7. Follow the order through

   Once the order is passed, write to the builder to comply within the time given. If it does not, apply to the Authority for execution, recovery under section 40 and penalty under section 63. Diarise 60 days for any appeal.

Documents for a RERA complaint

Is there a time limit for filing a RERA complaint?

The RERA Act does not set a limitation period for complaints to the Authority, and authorities have generally entertained complaints filed years after the promised date, especially where the delay is continuing. That does not mean timing is irrelevant. Builders routinely argue delay and acquiescence, particularly where a buyer accepted possession without protest or signed an undertaking giving up claims.

The practical rule is to file once it is clear the builder will not deliver or will not pay, and to avoid signing anything at possession that waives your claim to delay interest. If you take possession, do so under protest in writing and keep a copy. Courts and authorities have often refused to enforce one-sided waivers taken as a condition for handing over keys, but the cleaner course is not to sign them at all.

Appeals do have a fixed period: 60 days from the order to the Appellate Tribunal, and 60 days from the Tribunal's order to the High Court under section 58 on a question of law. Delay in appeals can be condoned for sufficient cause, but it is argued every time.

What happens after the complaint is filed?

The registry checks the complaint, and once it is in order the Authority issues notice to the promoter. The promoter files a reply, typically blaming force majeure, the pandemic, court orders on construction, the National Green Tribunal's construction bans, contractor failures or the buyer's own payment defaults. You then file a rejoinder. Some authorities hear the matter on two or three dates; others list it many times before final arguments.

The Act expects quick decisions and some benches do decide straightforward delay cases within a few months. Others take a year or more because of volume. Builders seek adjournments, change counsel or file applications to club complaints. Attending every date and keeping your rejoinder short and documentary helps more than lengthy written submissions.

The order normally directs a refund or delay interest calculated at the prescribed rate from each payment date, payable within a period such as 45 or 90 days, as the state rules provide. Read the order carefully on the day it is uploaded. If the calculation is wrong or a relief was missed, a rectification application or an appeal may be needed, and both have short timelines.

Getting a RERA order enforced

Winning the order is often easier than getting the money. If the builder does not pay within the time given, apply to the Authority for execution. The Authority can issue a recovery certificate under section 40, sending the matter to the district Collector, after which the amount is recoverable as arrears of land revenue, through attachment of the builder's bank accounts, unsold units or other property. In UP, these recovery certificates go to the Collector of the district where the project or promoter is located, and tehsil staff carry out the recovery.

The Authority can also impose a penalty under section 63 for failure to comply with its orders, which can run daily up to five percent of the estimated project cost, and in serious cases freeze project accounts or revoke registration. Persistent non-compliance by a promoter can lead to prosecution under the Act. In practice, a recovery certificate against a builder with unsold inventory often produces payment or a settlement.

Where the builder is a company in financial trouble, check whether insolvency proceedings have started before spending effort on recovery. Execution in RERA stops if a moratorium under the Insolvency and Bankruptcy Code is in force, and your claim then has to be filed with the resolution professional.

Appeals against a RERA order

Either side can appeal to the state Real Estate Appellate Tribunal within 60 days of receiving the order. The Tribunal can extend the period for sufficient cause. A promoter's appeal is not heard unless it first deposits at least 30 percent of any penalty, or the whole amount payable to the allottee including interest and compensation, as section 43(5) requires. Newtech Promoters upheld this pre-deposit, and it is one reason many builders settle instead of appealing.

A further appeal lies to the High Court under section 58 within 60 days of the Tribunal's order, but only on a substantial question of law of the kind that supports a second appeal under section 100 of the Code of Civil Procedure. Facts found by the Authority and the Tribunal are rarely reopened. If you are the allottee and the builder appeals, ask the Tribunal to release the pre-deposit to you on furnishing security, which tribunals sometimes allow.

Builder insolvency, banks and subvention schemes

If the promoter company is admitted into the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, a moratorium under section 14 stops proceedings against it, including RERA complaints and execution. Homebuyers are financial creditors under the Code and must file claims with the interim resolution professional in the prescribed form, with proof of payments. A resolution plan approved by the committee of creditors may offer completion, refund or a mix. See our page on insolvency under the IBC.

Banks enter RERA disputes in two ways. In subvention schemes, the buyer takes a home loan under a tripartite agreement and the builder promises to pay the pre-EMIs until possession. When the builder stops paying, the bank demands EMIs from the buyer. A RERA complaint can seek a direction to the builder to pay the pre-EMIs and the refund to be routed to clear the loan; the bank is often added as a party so that its dues are protected in the order. The buyer should keep paying the bank where possible, because a default affects credit records and can lead to recovery action regardless of the builder's fault.

Banks also appear as lenders to the project with a mortgage over land or unsold units. Where a bank takes action against a project under the SARFAESI Act, allottees' rights and the bank's security can conflict, and the position has been shaped by recent court decisions on the interplay between RERA and SARFAESI; it depends on facts such as whether the allottee's agreement predates the mortgage. Take advice on the current case law before assuming RERA will protect a unit in a project under bank action.

How the complaint changes by property type and buyer

For a flat in a group housing project, the usual issues are delay, carpet area, occupancy certificate, common areas, parking and conveyance. For a builder floor sold by a promoter, check whether the project needed registration, since small projects of up to 500 square metres of land or eight apartments are exempt from registration under section 3, though they are still subject to some obligations and remedies elsewhere. For a plot in a plotted colony, the complaint usually concerns development works, possession of a demarcated plot and the conveyance or sub-lease deed.

Commercial units, such as shops, offices and serviced apartments, are covered by RERA in the same way, because the definition of apartment includes units used for business. Assured return schemes raise extra questions, partly under the Banning of Unregulated Deposit Schemes Act 2019, and need individual advice. An industrial shed or plot in a project sold by a private promoter can fall under RERA if the project is covered; plots allotted on lease by an industrial development authority under its own scheme raise separate questions about who the promoter is.

The buyer's profile matters less in RERA than in consumer law. An investor who bought several units is still an allottee under RERA, while in a consumer commission a commercial purpose can be raised against the buyer. A company or LLP buyer files through an authorised signatory with a board resolution. An NRI buyer can file online from abroad and appear by video, or act through an attorney. A subsequent buyer who purchased the allotment with the builder's endorsement steps into the original buyer's shoes, though some builders dispute delay interest for the period before transfer.

Mistakes that weaken a RERA complaint

The first is asking for everything at once: refund, possession, delay interest and compensation in one prayer. Refund and possession are alternatives, and an unfocused prayer gives the builder room to argue and the Authority reason to pass a general order. The second is not showing the payment trail. A complaint that claims interest on a total figure without receipts and bank entries for each payment slows the case and invites a disputed calculation.

Another common problem is accepting possession and signing a no-claims undertaking, then filing for delay interest months later. Others ignore the builder's own defaults allegation: if you delayed instalments, address it in the complaint with the interest you paid on the delay, rather than leaving it to the builder to raise. In RERA matters that reach Advocate B.K. Singh's office, the weak point is often that the buyer filed a consumer complaint years ago, let it lapse, and then filed in RERA without disclosing it; that earlier filing always surfaces.

Finally, people stop at the order. Diarise the compliance date, write to the builder the day after it passes, and apply for execution promptly. Builders prioritise buyers who are pressing for recovery.

What to do this week

• Download the project's RERA registration page and quarterly updates
• Collect the agreement, allotment letter and every payment receipt with bank entries
• Decide between refund and delay interest, and whether to claim compensation
• Check that no consumer complaint is pending for the same relief
• Send a written demand to the builder by email and registered post
• Do not sign any no-claims undertaking at possession; accept keys under protest if you must
• Prepare a one-page date chart: booking, agreement, payments, promised date, demands
• File the complaint on the state RERA portal and save the acknowledgment

Related steps and getting advice

A RERA complaint often sits alongside other work: reviewing the builder buyer agreement, checking whether a possession offer is valid without an occupancy certificate, getting the conveyance deed drafted and registered after possession, or pursuing a construction defect case. Each of these feeds into what the complaint should ask for.

If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step; you can talk to a lawyer here. Fees are discussed at the first meeting and agreed in writing; the RERA filing fee and other costs are separate.

Residential property: what changes

Residential property covers houses, builder floors, flats in group housing societies and apartments in developer projects. It is the property people care about most, and the law gives it more protection than commercial premises: consumer remedies against builders, rent control for old tenancies, special rules for senior citizens and family members. It also carries more family disputes than any other kind of asset.

The documents depend on the type. For an independent house or builder floor in Delhi, ask for the chain of sale deeds or the conveyance deed from DDA, the sanctioned building plan, the completion certificate, mutation in MCD records, the latest property tax receipt and electricity and water bills. For a flat in a cooperative group housing society, ownership runs through membership: the share certificate, the society's NOC and the Registrar of Cooperative Societies' approval of the transfer matter as much as the deed. For a flat in a developer project in Noida, Greater Noida or Gurugram, check the RERA registration, the builder-buyer agreement, the occupancy certificate, the tripartite sub-lease or conveyance deed, and whether the builder has paid the land dues to the authority, since unpaid dues have held up registration for thousands of buyers.

Stamp duty is charged on the higher of the price and the circle rate. Delhi charges women buyers a lower rate, and joint purchases fall in between; Uttar Pradesh and Haryana have their own concessions. Registration is at the sub-registrar office for the area, with both parties and two witnesses present. After registration, mutation in the municipal or authority record should be applied for, since it governs property tax and later dealings, even though mutation is not proof of title.

Disputes tend to fall into a few groups. Against builders: delayed possession, reduced area, poor construction and missing amenities, which go to the RERA authority or the consumer commission at the buyer's choice. Between landlord and tenant: old tenancies with rent up to ₹3,500 a month in Delhi are governed by the Delhi Rent Control Act 1958, where eviction for the landlord's bona fide need under section 14(1)(e) is the usual route; newer tenancies are contractual and go to the civil court or the rent authority under any new tenancy law the state has adopted. Within families: partition, wills and succession, and disputes over who may live in the house. Senior citizens can approach the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which in appropriate cases has ordered children to vacate a parent's house. A wife's right to reside in the shared household under the Domestic Violence Act 2005 can also affect who stays in a property.

A few habits prevent most problems. Never buy on a GPA and agreement to sell alone. Insist on the occupancy or completion certificate. Keep original documents safe and certified copies handy. And put family arrangements about a house in writing, ideally a registered partition or family settlement, before a death or a marriage breakdown turns them into litigation.

Frequently asked questions

How do I file a RERA complaint online?

Register on your state RERA portal, choose the complaint form, enter the project and promoter details, describe the facts and relief, upload documents and pay the prescribed fee online. You receive an acknowledgment with a complaint number. Notice then goes to the builder and hearings are fixed, often online.

Can I file a RERA complaint without a lawyer?

Yes, the process is designed so that buyers can file and appear themselves. Many simple delay complaints are handled that way. A lawyer helps most in framing the relief, answering force majeure defences, calculating interest and enforcing the order.

What is the time limit to file a complaint in RERA?

The RERA Act does not prescribe a fixed limitation period for complaints. Builders still argue delay and waiver, especially after possession has been accepted, so file once it is clear the builder will not perform. Appeals must be filed within 60 days of the order.

How long does RERA take to decide a complaint?

It varies by state and bench. Simple delay cases can be decided in a few months, while contested matters with many adjournments can take a year or more. Enforcement after the order may take further time if the builder does not pay.

Can I get a refund with interest from RERA?

Yes. Under section 18, if the builder fails to give possession as agreed, you can withdraw and get back the amount paid with interest at the rate in the state rules, usually from each payment date. Compensation beyond interest is decided by the adjudicating officer.

Can I file a RERA complaint for a project completed before 2017?

Generally not, if the project had its completion certificate before 1 May 2017. Such disputes go to the consumer commission or the civil court. Projects that were ongoing on that date are covered.

Can I complain to RERA and the consumer court together?

You can choose either forum, but you generally should not pursue the same relief against the same builder in both at once. Decide at the start, based on the relief you want and how quickly each forum is moving. Disclose any earlier case in your complaint.

What if the builder does not follow the RERA order?

Apply to the Authority for execution. It can issue a recovery certificate under section 40 so that the amount is recovered as arrears of land revenue through the Collector, and can impose penalties under section 63. Attachment of unsold units often leads to payment.

Can a RERA complaint be filed against an unregistered project?

Yes. Any aggrieved person can complain about a project that should have been registered, and the Authority can penalise the promoter and pass directions. Small projects exempt under section 3 are a separate case, and those buyers may need the consumer or civil route.

Is a shop or office covered under RERA?

Yes, commercial units sold in a real estate project are covered, because the Act's definition of apartment includes units used for business. The same delay, refund and conveyance remedies apply. Assured return arrangements raise additional questions that need specific advice.

What happens to my RERA case if the builder goes into insolvency?

Once the NCLT admits the builder into insolvency, a moratorium stops RERA proceedings and execution against it. You must file your claim as a financial creditor with the resolution professional, with proof of payment. The resolution plan then decides how buyers are dealt with.

Who hears an appeal against a RERA order?

The state Real Estate Appellate Tribunal, within 60 days of the order. A builder must first deposit the amount ordered, as section 43(5) requires. A further appeal lies to the High Court within 60 days on a substantial question of law.

Should I go to RERA or the consumer commission against my builder?

You can choose either, as the Supreme Court held in Newtech Promoters v State of UP (2021), but not both for the same relief. RERA is often quicker for refund or delay interest under section 18; the consumer commission can also award compensation for deficiency in service. The choice depends on the amount, the relief you want and how far the project has progressed.

Can my son be evicted from my house if he harasses me?

In many cases, yes. The Maintenance Tribunal under the Senior Citizens Act 2007 has power to protect a parent's property and life, and courts have upheld eviction orders against children in suitable cases. The parent's ownership of the house and evidence of ill-treatment are the key facts.