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RERA Authority Complaint

Formal complaint to the State RERA Authority against a builder for delay in possession, structural defects, or misrepresentation.

Legal basis: RERA Act 2016 — Section 31
₹199|All-inclusive|100% refund if rejected
📋What's Covered in This Document(2 legal provisions · 2 relief types)
⚖️ Legal Provisions Invoked
  • RERA Section 31 — Filing before Real Estate Authority
  • RERA Section 18 — Right to compensation for delay
🎯 Relief / Remedy Claimed
  • Compensation for delayed possession
  • Refund with interest if project abandoned
📂 Evidence Requirements Covered
  • Allotment letter and builder-buyer agreement
  • All payment receipts
  • RERA project registration certificate
🗺️ Jurisdiction Confirmed

State RERA Authority where project is registered.

Limitation Period Verified

File as soon as breach occurs. No specific limitation under RERA.

This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.

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What is a RERA Complaint?

A RERA Authority complaint is a formal complaint filed before the Real Estate Regulatory Authority of your state under Section 31 of the Real Estate (Regulation and Development) Act, 2016. It can be filed against a promoter (builder) who has violated any provision of RERA — including delay in possession, structural defects, deviation from sanctioned plans, non-registration of the project, or fraudulent misrepresentation in the sale agreement.

When Should You Use This?

File this complaint when the builder has delayed possession beyond the registered RERA date, when construction quality is defective, when the builder is making unilateral changes to the project plan, when the project is not registered with RERA despite being required to be, or when the builder refuses to provide the occupation certificate. RERA complaints are more effective than consumer complaints for larger real estate claims.

Legal Framework

The Real Estate (Regulation and Development) Act, 2016: Section 18 (interest/refund for delay); Section 19 (buyer's rights); Section 31 (complaint before RERA Authority); Section 40 (recovery certificate); Section 63 (offences — up to 3 years imprisonment for deliberate violations); Section 71 (power to adjudicate). State RERA rules (MahaRERA, RERA Gujarat, HRERA, etc.) supplement the central Act. RERA orders are quasi-judicial and enforceable as decrees.

What Happens If It Is Ignored?

If the builder ignores the RERA order, the complainant can apply for a Recovery Certificate — a RERA order that is executed like a land revenue recovery (District Magistrate can attach and sell builder's property). The builder can also face imprisonment up to 3 years for wilful non-compliance.

Frequently Asked Questions

How do I check if my builder's project is registered with RERA?

Visit your state's RERA portal (e.g., maharera.mahaonline.gov.in for Maharashtra, hrera.org.in for Haryana) and search by project name, registration number, or builder name. If a qualifying project is not registered, this itself is a RERA violation you can report.

What is the difference between a RERA complaint and a consumer complaint for a builder dispute?

RERA complaints cover a wider range of builder violations and are faster (60-day disposal mandate). Consumer complaints can be filed before Consumer Commissions based on pecuniary jurisdiction and can also award compensation for mental agony. Both can be pursued simultaneously.

Can I file a RERA complaint online?

Yes. Most state RERA portals have online complaint filing. For Maharashtra: maharera.mahaonline.gov.in; Karnataka: rera.karnataka.gov.in; Delhi: rera.delhi.gov.in. Filing fee is typically ₹1,000–₹5,000.

What if the project has been abandoned by the builder?

Under Section 8 RERA, the RERA Authority can take over a lapsed/abandoned project and either revoke the registration, take it over for completion, or allow an association of allottees to complete it. File a complaint immediately if you suspect abandonment.

Can RERA order a refund plus interest to me?

Yes. Under Section 18 RERA, if the builder cannot deliver possession, you can withdraw from the project and claim full refund of all amounts paid plus interest (at SBI MCLR + 2% or as prescribed by the state RERA).

What is an 'adjudicating officer' under RERA?

Section 71 RERA establishes adjudicating officers (typically retired District Judges) who handle compensation claims under Sections 12, 14, 18, and 19. Complaints specifically for compensation are heard by the Adjudicating Officer, while other RERA violations are heard by the RERA Authority.

What is a 'recovery certificate' in RERA proceedings?

When a builder fails to pay the amount ordered by RERA, the complainant can apply for a Recovery Certificate under Section 40. The District Collector/Magistrate is then authorised to recover the amount as land revenue — by attaching and auctioning the builder's assets.

Can allottees of a housing project form an association and file a collective RERA complaint?

Yes. Multiple allottees of the same project can file a joint complaint before RERA, or an allottees' association can file on behalf of members. Joint complaints are more impactful and courts consider them more seriously.

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