RERA Complaints: Step-by-Step Guide to Filing a Case Against a Builder

The Real Estate (Regulation and Development) Act, 2016 (RERA) has empowered homebuyers with a legal framework to seek justice against unfair practices by builders. Whether it’s project delays, misleading advertisements, or poor construction quality, homebuyers can now file complaints with the State RERA Authority and get their grievances addressed effectively. This blog provides a step-by-step guide on how to file a complaint under RERA, along with relevant case laws and recent developments.

Homebuyers can file a RERA complaint against builders for the following reasons:

• Project Delays – If a builder fails to complete the project within the promised timeline.
• Misrepresentation – If the builder provides misleading advertisements or false commitments.
• Structural Defects – If there are construction defects within five years of possession.
• Non-Compliance with RERA Rules – If the project is not RERA-registered or the builder violates regulations.
• Unfair Practices – If the builder demands excess payment or changes project specifications without consent.
• Failure to Provide Occupancy Certificate – If the builder does not obtain the necessary approvals for possession.

Step 1: Gather Necessary Documents

Before filing a complaint, ensure you have the following documents:

• Copy of the Builder-Buyer Agreement
• Payment receipts and bank statements
• Booking confirmation letter
• Any email or written communication with the builder
• Project details (RERA registration number, brochures, and advertisements)

Step 2: Check Your State RERA Website

Each state has its own RERA Authority portal, where homebuyers can file complaints online. Some major RERA portals include:

• Maharashtra RERA (MahaRERA) – maharera.mahaonline.gov.in
• Delhi RERA – rera.delhi.gov.in
• Uttar Pradesh RERA (UP RERA) – up-rera.in
• Bihar RERA – rera.bihar.gov.in

Step 3: Draft the Complaint

Your complaint should include:

• Name and address of the complainant (buyer)
• Name and address of the builder/developer
• RERA registration details of the project
• Description of the issue (delay, misrepresentation, etc.)
• Relief sought (compensation, refund, or project completion)
• Supporting documents as evidence

Step 4: Pay the Complaint Filing Fee

• The complaint fee varies from ₹1,000 to ₹5,000, depending on the state.
• Payments can be made online through the RERA portal.

Step 5: Submit the Complaint Online or Offline

• Most states allow online submission through their RERA portal.
• You can also submit a physical copy at the State RERA Authority office.

Step 6: Hearing and Resolution

• Once the complaint is filed, RERA issues a notice to the builder.
• A hearing is scheduled where both parties can present their case.
• The RERA Authority provides a decision within 60 days.
• If dissatisfied, the buyer can appeal to the Real Estate Appellate Tribunal (REAT).

The implementation of RERA has provided significant benefits to homebuyers, making property transactions more secure and transparent:

• Increased Transparency and Accountability
  • Homebuyers can verify project approvals and developer credibility through RERA’s online portals.
• Protection Against Delays
  • Buyers no longer suffer from indefinite delays, as strict penalties are imposed on developers for non-compliance.
• Financial Security
  • The escrow account provision ensures that funds are used only for the designated project, preventing financial mismanagement.
• Legal Remedies for Homebuyers
  • Buyers now have a dedicated forum for grievances, ensuring faster dispute resolution.
• Standardization in Property Transactions
  • Clear regulations on pricing, carpet area, and construction quality help buyers make informed decisions.

• Puneet Kaur v. TDI Infrastructure Ltd. (2021)
  • Issue: Builder failed to deliver possession on time.
  • Ruling: The Punjab RERA ordered a full refund with interest to the homebuyer.
• Bikram Chatterjee v. Union of India (2019) – Amrapali Case
  • Issue: Amrapali Group failed to complete projects.
  • Ruling: The Supreme Court ordered NBCC to take over project completion, ensuring homebuyers received their flats.
• Imperia Structures Ltd. v. Anil Patni (2020)
  • Issue: Homebuyers approached both RERA and Consumer Court.
  • Ruling: The Supreme Court held that buyers can seek relief under both RERA and the Consumer Protection Act.

• 1. Fast-Track Dispute Resolution
  • Several states have introduced online mediation platforms to resolve disputes quickly without lengthy hearings.
• 2. Higher Penalties for Defaulting Builders
  • States like Maharashtra and UP have started imposing hefty fines on developers who repeatedly fail to comply with RERA orders.
• 3. Action Against Unregistered Projects
  • Many state RERA authorities have started blacklisting and penalizing builders who sell properties without RERA registration.

Filing a complaint under RERA is a powerful tool for homebuyers to seek justice against fraudulent builders. By following the step-by-step guide, homebuyers can ensure a smooth and efficient grievance redressal process. With recent developments strengthening the enforcement of RERA regulations, the real estate sector is becoming more transparent and buyer-friendly.

Before purchasing a property, always check the RERA registration status of the project and keep necessary documents handy. If you face any violations, do not hesitate to file a RERA complaint and protect your investment.