Filing of Complaint under RERA: Practice & Procedure

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The Real Estate (Regulation and Development) Act, 2016 (RERA) seeks to ensure transparency, timely delivery, and accountability in the real estate sector. For homebuyers, lawyers, and developers, understanding how to file and pursue a complaint under RERA is essential.

This ready-reference guide provides step-by-step procedure, required documents, strategic guide, and practical checkpoints for effective RERA litigation.

1. Who Can File a Complaint under RERA?

A complaint may be filed by:

  • Allottees/Homebuyers
  • Real estate agents
  • Promoters
  • Associations of Allottees
  • Any aggrieved person regarding violation of RERA provisions, rules, or regulations.

2. What Issues Can Be Raised Under RERA?

Common causes of action include:

  • Delay in handing over possession
  • Non-completion of project
  • Non-refund of money
  • Defective construction
  • Demand of illegal charges
  • Misrepresentation by developer
  • Non-registration of project
  • Violation of builder-buyer agreement
  • Unfair trade practices

3. Jurisdiction: RERA Authority vs Adjudicating Officer (AO)

RERA Authority

Handles complaints relating to:

  • Delay in possession
  • Violation of RERA provisions
  • Order to complete project
  • Project registration issues

Adjudicating Officer (AO)

Handles compensation claims relating to:

  • Interest
  • Refund
  • Compensation for mental agony/loss

✔ In many States, complaint can be filed in a combined format.

4. Step-by-Step Procedure to File a Complaint Under RERA

Step 1: Register on State RERA Portal

Visit your respective State’s RERA website
(e.g., UP RERA, RERA Rajasthan, MAHARERA, Haryana RERA, etc.).
Create login → Validate OTP → Create username/password.

Step 2: Select “Complaint Registration”

Options usually available:

  • Complaint to Authority
  • Complaint to Adjudicating Officer
  • Refund/Interest/Compensation Complaint

Step 3: Provide Complainant Details

  • Name, address, contact number
  • Aadhaar/PAN details
  • Email ID for e-service

Step 4: Provide Respondent (Builder/Agent) Details

  • Name of promoter
  • Project name + registration number
  • Corporate office address

Step 5: Statement of Facts (Detailed Narrative)

Include:

  • Date of booking
  • Payment schedule
  • Promises made
  • Delay/deficiencies
  • Loss/hardship suffered

Tip: Attach Builder-Buyer Agreement + Payment Receipts.

Step 6: Grounds of Complaint (Legal Points)

Reference:

  • Section 18 (Refund/Interest)
  • Section 19 (Allottee rights)
  • Section 11 (Promoter obligations)
  • Section 12 (Misrepresentation)
  • Section 14 (Defects & deviation)
  • Section 31 (Complaint filing)

Step 7: Reliefs/Prayers

Typical reliefs:

  • Refund of amount with interest
  • Possession with interest
  • Compensation under Sec. 71/72
  • Penalty on builder
  • Direction to complete project
  • Rectification of defect

Step 8: Upload Required Documents

Common documents:

  • Builder-Buyer Agreement
  • Allotment letter
  • Payment receipts
  • Correspondence with builder
  • Bank statements
  • Brochure/advertisements
  • Legal notice (optional but recommended)
  • Proof of delay (completion certificate, status report)

Step 9: Pay Prescribed Fees

Fees differ by State (generally ₹1000–₹5000).
Pay via:

  • Net banking
  • Debit card
  • UPI (in some State portals)

Step 10: Submit Complaint + Get Complaint Number

A complaint/reference number is generated.
An automated notice is sent to the builder.

Step 11: Hearing Before RERA

  • Both parties appear
  • Interim relief may be sought
  • Written reply & rejoinder filed
  • Evidence submission (digital/paper)
  • Oral arguments
  • RERA records proceedings electronically in most States

Step 12: Final Order

The Authority passes an order such as:

  • Refund + interest
  • Possession timeline
  • Penalty
  • Compensation
  • Direction for project completion

Download order from the portal.

5. Appeal Process

Before RERA Appellate Tribunal

File appeal within 60 days.
Deposit 30–70% of the awarded amount (builder requirement) depending on State rules.

Further Appeal

Lies to the High Court on questions of law only.

6. Execution of RERA Orders

File execution application before RERA Authority for:

  • Recovery of awarded amount as arrears of land revenue
  • Issuance of Recovery Certificate (RC)
  • Attachment of property/bank account

Execution is the crucial phase—follow up consistently.

7. Practical Tips for Lawyers & Litigants (Ready Check-List)

Before Filing

  • Collect all payment proofs
  • Ensure project is registered (if not—include violation)
  • Send a prior legal notice (helps in compensation claims)
  • Study State-specific Rules

During Proceedings

  • Keep all documents in searchable PDF
  • Highlight key pages for easy reference
  • Prepare a brief synopsis (2–3 pages)
  • Anticipate builder’s common defences (force majeure, COVID, approvals delay)
  • Request for interim relief if urgent

After Order

  • Apply for certified copy
  • File execution immediately
  • Track builder’s compliance on the portal

8. Common Defences Taken by Builders

  • Delay due to force majeure
  • Delay due to government approval
  • Buyer default in payment
  • No cause of action
  • Arbitration clause (irrelevant after RERA Supreme Court ruling)
  • Project not under RERA (counter with Section 3)

9. Key Judicial Precedents

  • Pioneer Urban Land v. Govindan Raghavan (SC) – unfair terms cannot bind homebuyers
  • Newtech Promoters v. UP RERA (SC) – RERA has exclusive jurisdiction; arbitration clause does not apply
  • M/s Imperia Structures v. Anil Patni (SC) – homebuyers can choose between RERA, Consumer Forum, or NCLT

Conclusion

RERA is a powerful remedy for homebuyers and offers a fast-track, transparent adjudication mechanism. With the right documentation and structured pleadings, the success rate of complaints under RERA is significantly high. This ready reference ensures lawyers and litigants can confidently navigate the complaint process from filing to execution.


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