The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to regulate the real estate sector and protect homebuyers from fraudulent practices by developers. Despite its stringent provisions, disputes between buyers and builders still arise, making it necessary for aggrieved buyers to file complaints under RERA.

If you are a homebuyer facing issues such as project delays, misleading advertisements, or poor construction quality, this guide will walk you through the process of filing a complaint under RERA, supported by relevant case laws and recent developments.

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Any of the following parties can file a complaint under RERA:

• Homebuyers facing project delays, unfair pricing, or misrepresentation.
• Developers facing issues related to approvals or disputes with buyers.
• Real estate agents regarding their registration or disputes with other stakeholders.

Common Grounds for Filing a Complaint

• Delay in project completion and possession.
• Misrepresentation of project approvals and amenities.
• Charging excess money beyond agreed terms.
• Failure to deliver as per the promised specifications.
• Structural defects in the property within five years of possession.
• Any violation of RERA regulations by builders or agents.

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Step 1: Identify the Appropriate RERA Authority

Each state has its own Real Estate Regulatory Authority (RERA) and an Appellate Tribunal. Buyers should file their complaints with the RERA authority of the state where the project is located.

Step 2: Gather Necessary Documents

Before filing a complaint, keep the following documents ready:

• Sale agreement or booking agreement.
• Payment receipts and bank statements.
• Builder-buyer correspondence (emails, notices, etc.).
• Project brochures or advertisements (if misrepresentation is alleged).
• Any previous complaints filed with the builder.

Step 3: Draft the Complaint

The complaint should include:

• Complainant’s details: Name, address, and contact information.
• Respondent’s details: Name of the developer or agent against whom the complaint is being filed.
• Project details: RERA registration number, project location, and agreement details.
• Nature of the complaint: A clear description of the issue and violations of RERA provisions.
• Relief sought: Compensation, refund, interest for delay, or any other resolution requested.

Step 4: File the Complaint Online or Offline

• Most state RERA authorities provide an online portal for complaint registration.
• Alternatively, buyers can file complaints in person at the RERA office.
• A filing fee (ranging from ₹1,000 to ₹5,000) is usually applicable.

Step 5: Appear for the Hearing

• Once the complaint is filed, RERA will schedule a hearing.
• Both the complainant and the respondent (developer or agent) must appear before the authority.
• The RERA authority will review the case and issue its order.

Step 6: Appeal to the Real Estate Appellate Tribunal (REAT) (If Required)

If either party is dissatisfied with RERA’s decision, they can file an appeal with the Real Estate Appellate Tribunal (REAT) within 60 days of the order.

1. Strengthening Online Complaint Mechanisms

Several states have improved their RERA portals to allow buyers to file complaints, track case status, and access legal decisions online.

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1. Puneet Kaur v. TDI Infrastructure Ltd. (2021)

• Punjab RERA ordered the developer to refund the buyer’s amount with interest due to an inordinate delay in project completion.

2. Bikram Chatterjee v. Union of India (2019) – Amrapali Case

• Supreme Court directed RERA to take strict action against Amrapali Group for failing to deliver projects, transferring unfinished projects to NBCC.

3. Imperia Structures Ltd. v. Anil Patni (2020)

• Supreme Court ruled that homebuyers could seek relief under both RERA and the Consumer Protection Act.

1. Introduction of Online Grievance Redressal Systems

• Many state RERA authorities have launched online portals where homebuyers can track complaints in real time.

2. Imposing Heavy Penalties on Defaulting Builders

• Recently, Maharashtra RERA imposed penalties on multiple developers for non-compliance with project deadlines.

3. Strengthening of RERA’s Enforcement Powers

• Some states are proposing amendments to RERA, allowing stronger enforcement actions such as blacklisting defaulting developers.

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Filing a complaint under RERA is a straightforward process that empowers homebuyers to seek justice against fraudulent or negligent developers. By following the above steps and staying informed about recent legal developments, homebuyers can protect their rights and ensure accountability in the real estate sector.

With RERA continuously evolving to safeguard homebuyer interests, it remains one of the most powerful tools to ensure fair dealings in the real estate industry. If you are facing real estate issues, filing a RERA complaint should be your first step towards resolution.