How to File a Complaint Under RERA?

By NyayKart Legal Team - Experts in RERA, consumer disputes and property law across India. This Article Written By Arya Nargundi.

Imagine that a person booked an apartment in a residential project after the builder promised the possession within three years . He paid the required installments on time, but even after the promised date , the construction remained incomplete and the builder neither handed over the possession nor provided a satisfactory solution or explanation .

In such a situation, RERA Act,2016 provides a legal solution to him. He can file a complaint before the Real Estate Regulatory Authority (RERA) . He can get 

• Timely possession 

• A refund of the amount paid 

• Interest amount for the delay 

• Compensation.  

To bring greater accountability and protect the homebuyers, the  Real Estate Regulatory Authority (RERA), 2016  was introduced. 

RERA Act, 2016

The Real Estate (Regulation and Development) Act, 2016 (RERA) is a central law that came into force to protect the interests of homebuyers. Every state and Union Territory has its own RERA Authority to handle disputes between buyers, promoters, and real estate agents. 

These are the problems the homebuyers used to face before RERA came into force

• Delay in possession 

• No details about the project

• Poor construction 

• Use of funds in other projects by builders 

To solve the above issues, the RERA Act, 2016 was introduced with the following objectives:

• Promoting transparency: Developers are required to provide important project information such as carpet area and financial details. This helps the buyers to take proper and rationalised decisions.

• Mandatory disclosures: Developers need to disclose the information such as Project Registration Details, Details of the Promoter, Approved Plans and Layouts, Quarterly Project Updates, Land Title Details, Number and Type of Units. 

• Malpractices are reduced: Malpractices such as delays in project completion, misleading advertisements, hidden charges, and a lack of transparency were reduced with the introduction of RERA Act.

Who Can File a Complaint Under RERA?

Under Section 31 of the Real Estate (Regulation and Development) Act, 2016, any aggrieved person may file a complaint before the RERA Authority or the Adjudicating Officer for violation of the provisions of the Act or the rules and regulations made thereunder. This includes allottees (homebuyers), promoters (builders), real estate agents, and associations of allottees.

Important Provisions of the RERA Act

Some of the key provisions of the Real Estate (Regulation and Development) Act, 2016 that are relevant while filing a complaint are:

• Section 18 – Provides the right to claim refund, interest, or compensation in cases such as delayed possession or failure to complete the project.

• Section 19 – Specifies the rights and duties of allottees, including the right to receive project information and timely possession.

• Section 31 – Allows any aggrieved person to file a complaint before the RERA Authority or the Adjudicating Officer.

• Section 43 – Provides the right to appeal against the order of the RERA Authority before the Real Estate Appellate Tribunal.

• Sections 71 and 72 – Deal with compensation and the powers of the Adjudicating Officer while determining compensation.

  
  

When Should a Complaint Be Filed on RERA Portal?

A person may file a complaint on the RERA portal when a builder, promoter, or real estate agent does not comply with the provisions of the Real Estate (Regulation and Development) Act, 2016. 

You can file a complaint in following situations:

• False advertisements or misleading information about the project. 

• Poor quality of construction or structural defects.

•  Changes to the approved plan with taking the permission of the buyers.

•  Not signing or registering the sale agreement.

• Imposition of additional or hidden charges that are not mentioned in the agreement. 

• Refusal to refund the booking amount or pay compensation, as the case may be.

•  Any other breach of the provisions of the RERA Act. 

What Documents Are Required For Filing Complaints on RERA Portal?

These documents are required for filing complaints on RERA Portal

• Allotment letter of property

• Agreement 

• Receipts of payment

• Transaction statement of bank

• Email 

• Communication of possession.

• Identity Proof.

• Address Proof 

• Advertisements.

• Copy of the RERA Registration Certificate or Project Registration Number (if available).

• Legal Notice served upon the builder (if any).

How to File a Complaint Under RERA?

If a buyer is facing problems such as delay in possession, refund issues , or project level non compliance, they can file a complaint under RERA using the given steps. These steps can be followed for filling a complaint. 

Step 1: Find the accurate RERA Authority 

RERA Authority changes from state to state . A complaint can be filed under RERA Authority of the state where it is located. For eg. If a project is located in Maharashtra, a complaint can be filed before MAHARERA. A person can also file an offline complaint.

Step 2:   Check the project registration details

A person should visit the website of the concerned  state where the project is registered. This website provides users with necessary details about the project which helps them understand whether the builder has complied with the provisions of the RERA Act. This information helps users to file the complaint with accurate information.

Step 3: Identify the correct complaint category 

Correct identification of the category of complaint plays an important role in filing the complaint. For this a person needs to understand the main reason for grievance such as false advertisement, delay in possession or any other similar issue. It helps the RERA Authority to process the complaint more effectively.  

Step 4: Create an account or sign in

Create an account by entering the required details and register yourself on the portal.

Step 5: Enter complainant details

Enter personal details such as address, mobile number, email ID on the RERA portal.

Step 6: Enter Builder Details 

Provide necessary details of the builder or developers. This includes his name, mobile number, and other available contact details of the developer. 

Step 7: Fill the project information 

Provide the details of the project, such as project name, project address, RERA registration number and any other available information.

Step 8: Explain the Issue clearly 

Explain the problem in simple and easy language. Provide accurate information about what happened, where it happened, and provide the documents supporting the facts. Attach allotment letter, payment receipts, emails, or messages with it.

Step 9: Show the relief expected.

Relief may include possession of the property, refund of the amount paid, interest for delay or any other compensation. A person must clearly mention the relief he expects.

Step 10: Upload Supporting Documents 

Supporting documents include allotment letter, payment receipt, emails, messages or any other evidence. It is necessary to upload the supporting documents.

Step 11: Submitting the application form and paying the fees.

The fees prescribed by the RERA Authority must be paid after submitting the application form. Submit the application form by reviewing all the details.

Step 12: Note the complaint number and track the updates using it.

The updates are tracked using the complaint number which is given after submitting the application.

Can a Complaint Be Filed Online?

Yes. Most State RERA Authorities provide an online complaint filing facility through their official portals. A complainant can create an account, upload supporting documents, pay the prescribed fee, and track the complaint status online. Some States also permit offline filing as per their respective RERA Rules.

What Happens After You File Complaint on RERA Portal?

Once the complaint is filed under RERA, the authority scrutinises the application and provides further steps through the portal. Notice is issued to the opposite party and hearings are scheduled. Both the parties are given the chance to present their case. along with the facts, supporting records and specific relief expected. After scrutinizing the facts and documents, an order is passed. The order may order compliance, refund, correction, or another form of relief, depending on the facts of the case. 

Can the Builder Appeal Against the RERA Order?

Yes. If any party is dissatisfied with the order passed by the RERA Authority, an appeal may be filed before the Real Estate Appellate Tribunal (REAT) under Section 43 of the RERA Act, 2016, within the prescribed limitation period, subject to the conditions specified under the Act.

Can the Homebuyer Also File an Appeal?

Yes. If the allottee is aggrieved by the order passed by the RERA Authority, an appeal may also be filed before the Real Estate Appellate Tribunal under Section 43 of the RERA Act, subject to the prescribed procedure and limitation period.

Which reliefs can be granted?

Following reliefs can be granted by RERA Authority 

• Hand over possession.

• Giving the required refund.

• Interest can be given for delayed possession.

• Pay compensation for losses

• Rectify construction defects

• Comply with the provisions of RERA.

Can RERA Award Compensation?

Yes. Under Sections 18, 71 and 72 of the RERA Act, 2016, the Authority or the Adjudicating Officer may award compensation where the allottee suffers financial loss due to delayed possession, false representations, structural defects, or any other violation of the provisions of the Act.

What Timelines Can Be Expected After Filing? 

The resolution process of every complaint varies as per the nature and complexity of the case. However, RERA Authority tries to provide speedy and accurate resolution of the complaints.

The Timeline after filling a complaint is as given:

• Acknowledgement of Complaint 

• Notice to the Respondent 

• Hearing 

• Order by the Authority 

• Compliance with the Order 

What are the Common Mistakes to Avoid While Filing a Complaint?

• Providing incorrect project details

• Uploading incomplete documents

• Choosing the wrong complaint category

• Not clearly stating the facts

• Forgetting to save the acknowledgement number

Conclusion 

While the buyers face many problems related to real estate, it is normal to feel stuck between uncertainty and never ending follow ups. But the RERA Act provides the buyers with a solution to this problem. After the implementation of RERA Act, 2016 homebuyers can easily address their complaints on the portal and get a speedy and effective resolution.

For anyone who wishes to file a complaint under RERA, a well structured process can make a difference. The above explained steps can be used to file a case under RERA systematically and without any errors.

FAQs

1. Who can file a complaint under RERA?

Builders, promoters, allottees, and real estate agents can all file complaints under the RERA Act,2016

2. Is it necessary to hire a lawyer to file a RERA complaint? 

         No, A person can file a complaint under RERA without a lawyer.

3. Can a complaint be filed against a builder if full payment of the property is done?

   A complaint can be filed against a builder if the buyer faces any relevant problems regarding the property or if the builder violates any provisions of RERA Act, 2016.

4. Is there a time limit for filing a complaint under RERA? 

         No. However It is advisable to file the complaint as soon as possible.

5. What documents are needed to file a complaint? 

          identity proof, allotment letter, sale agreement, payment receipts, and any other     

         documents related to the dispute are required.

6. How much is the complaint filing fee? 

       The complaint filing fees vary from state to state. It can be checked on State RERA                                            

         website.

How NyayKart Legal can help

If you are facing delayed possession, refund issues or unfair settlement offers, NyayKart provides end-to-end assistance: drafting legal notices, filing RERA complaints, representing you before consumer courts, negotiating settlements, and executing refund recovery. Book a free consultation to evaluate your case and get a tailored action plan.