What this covers: Practical reference for homebuyers filing complaints under the Real Estate (Regulation and Development) Act, 2016 (RERA) before the Real Estate Regulatory Authority. Covers pre-filing, filing procedure, Section 18 relief, Section 43 appeals, and state-specific variation.
Statutory framework: RERA 2016; Section 18 (right to refund with interest or compensation for delay); Section 31 (right to file complaint); Section 43 (appeal to RERA Appellate Tribunal); Section 57 (enforcement).
Pre-Filing Checklist
Before filing a RERA complaint, compile:
- Copy of the builder-buyer agreement (original)
- Proof of payment, bank statements, transfer receipts, demand drafts
- Possession date as per agreement, the date by which possession was to be delivered
- Project registration number, RERA registration certificate issued to the project
- Correspondence with the builder regarding delay, possession, or disputes
- Photographs or inspection reports of project site (if construction is incomplete)
Who Can File and Against Whom
| Complainant | Respondent | Provision |
|---|---|---|
| Allottee (homebuyer) | Promoter (developer/builder) | Section 31 |
| Promoter | Allottee (for non-payment, etc.) | Section 31 |
| Agent | Promoter (for wrongful conduct) | Section 31 |
Filing Procedure (Standard)
- Prepare application: In Form M or as prescribed by the state RERA; narrate facts chronologically with supporting documents.
- Pay filing fee: Ranges from INR 1,000 to INR 5,000 depending on state and value of relief sought.
- File online or in person: Most state RERAs have online portals. Delhi RERA: rera.delhi.gov.in. UP RERA: up-rera.in. Haryana RERA: haryanarera.gov.in.
- Serve notice on respondent: RERA serves a copy; respondent has 30 days to file reply.
- First hearing: Typically within 60 days of filing; both parties present; case may be adjourned for evidence.
- Final order: RERA must dispose of the complaint within 60 days of filing under Section 29(4), in practice, 90-180 days is common.
Section 18 Remedies (Allottee’s Right of Refund or Compensation)
If the promoter fails to deliver possession by the date agreed, Section 18 gives the allottee two rights:
| Remedy | When Available | What to Claim |
|---|---|---|
| Refund with Interest | Allottee wants to withdraw from the project | Full amount paid + interest at rate prescribed by state (typically SBI MCLR + 2% or similar) |
| Possession with Compensation | Allottee wants possession when offered | Interest on the amount paid for the period of delay until possession is offered |
Key case: Newtech Promoters and Developers Pvt. Ltd. v State of U.P. (2021) 8 SCC 321, Supreme Court affirmed that Section 18 confers an unconditional right of refund with interest on delayed possession; allottee need not prove actual loss.
Section 43 Appeal to RERA Appellate Tribunal
A party aggrieved by the RERA order may appeal to the RERA Appellate Tribunal within:
- 60 days from the date of communication of the order
- The Tribunal may condone delay for a further 60 days for sufficient cause
- Fee: INR 1,000 (subject to state rules)
Further appeals lie to the High Court under Section 58 (substantial question of law) and then to the Supreme Court.
State-Specific Variation
Certain procedural features vary by state. Verify current rules before filing:
| State | Filing Fee Range | Online Portal | Peculiarities |
|---|---|---|---|
| Delhi | INR 1,000-5,000 | rera.delhi.gov.in | Complaints filed only online; pre-built Forms M / N |
| Uttar Pradesh | INR 1,000-2,000 | up-rera.in | Physical filing accepted; separate benches for different zones |
| Haryana | INR 1,000-5,000 | haryanarera.gov.in | Heavy reliance on online filing; separate authority for Gurugram |
| Maharashtra | INR 1,000-5,000 | maharera.mahaonline.gov.in | Most sophisticated portal; robust case management |
| Karnataka | INR 1,000-5,000 | rera.karnataka.gov.in | Bilingual (Kannada + English) |
Practical Points
- Time is critical: Section 43 appeal window is short (60+60 days). Promoters sometimes delay to exhaust the window.
- Consumer forum alternative: An allottee may choose the consumer forum (Consumer Protection Act 2019) instead of RERA, but cannot use both simultaneously. Each has advantages, RERA is faster; consumer forum offers compensation for mental distress.
- Enforcement: If the promoter fails to comply with the RERA order, Section 57 provides for enforcement and imposition of penalties.
This resource is for general information purposes only and does not constitute legal advice. For advice on your specific situation, seek appropriate professional counsel.