RERA complaint: how to file against a builder

A RERA complaint is the quickest legal route for homebuyers when a builder delays possession, changes the plan, takes too much money upfront or hands over a flat with defects. This guide explains when you can file a RERA complaint, what you can ask for, how to file it online, the fees and timelines, and how a RERA complaint compares with a consumer case.

What is a RERA complaint?

The Real Estate (Regulation and Development) Act, 2016 (RERA) set up a Real Estate Regulatory Authority in each state. Any allottee, association of allottees or other aggrieved person can file a complaint with the Authority or the Adjudicating Officer about a violation of the Act, its rules or regulations by a promoter (builder), allottee or real estate agent (section 31).

RERA applies to registered projects, including projects that were ongoing when the Act came into force. The Supreme Court in Newtech Promoters v. State of U.P. (2021) confirmed that the Authority can order refunds with interest and delay interest, while compensation claims go to the Adjudicating Officer.

When you can file a RERA complaint

• Delay in possession: the builder has not handed over the flat by the date in the agreement for sale (section 18).
• Refund: you want to withdraw from the project because of delay, or because the project was cancelled or its registration revoked.
• Structural defects: defects or poor workmanship found within five years of possession must be fixed by the builder within 30 days, free of charge (section 14(3)).
• Plan changes: changes to sanctioned plans or specifications without the consent required by section 14.
• Excess advance: the builder took more than 10% of the cost before signing a registered agreement for sale (section 13).
• False advertising or wrong carpet area, non-formation of the residents’ association, or failure to execute the conveyance deed.

What you can ask for

Relief	Who decides	Law
Full refund with interest (withdrawal)	RERA Authority	Sections 18 and 19
Interest for every month of delay (staying in the project)	RERA Authority	Section 18
Possession, conveyance deed, rectification of defects	RERA Authority	Sections 11, 14, 17
Compensation for loss, mental agony, extra rent	Adjudicating Officer	Sections 71 and 72
Penalty on the builder	RERA Authority	Sections 59 to 63

The interest rate is set by each state’s RERA rules, and is commonly linked to the State Bank of India’s highest marginal cost of lending rate plus 2%. Check your state’s rules for the exact rate.

What you need before you file a RERA complaint

• the project’s RERA registration number (search the project on your state RERA website)
• the allotment letter and the agreement for sale
• payment receipts and bank statements for every payment
• letters and emails with the builder, including any demand you sent
• photos or an engineer’s report, for defect complaints
• your ID proof and, if a joint allottee, the consent or details of the co-allottee

RERA complaint step by step

1. Check the project on the RERA site. Note the registration number, the declared completion date and any extensions.
2. Send the builder a written demand. A short letter or legal notice setting out the delay or defect and what you want helps your RERA complaint and sometimes settles the matter.
3. Register on your state RERA portal. Create a complainant account on the state Authority’s website.
4. File the complaint form and pay the fee. Fill in the facts, the sections breached and the relief you want, upload documents and pay the fee online. File compensation claims in the form meant for the Adjudicating Officer.
5. Attend the hearings. Many authorities hold hearings online. The builder files a reply, and you can file a rejoinder. Some states first send the matter to conciliation.
6. Get the order and enforce it. If the builder does not pay, apply for recovery. RERA orders can be recovered as arrears of land revenue (section 40).

Fees and timelines

Stage	Time limit	Fee
RERA complaint to the Authority	Expected to be decided within 60 days (section 29(4)), though it often takes longer	Set by state rules, usually a modest fixed amount
Compensation claim to the Adjudicating Officer	Expected within 60 days (section 71(2))	Set by state rules
Appeal to the Appellate Tribunal	Within 60 days of the order (section 44)	As per rules; a builder must first deposit at least 30% of the penalty, or the full amount payable to the allottee (section 43(5))
Appeal to the High Court	Within 60 days of the Tribunal’s order (section 58)	Court fee

RERA complaint or consumer complaint?

Homebuyers can choose. The Supreme Court in Imperia Structures v. Anil Patni (2020) held that RERA does not bar a complaint before the consumer commission, because section 79 bars only civil courts and section 88 keeps other remedies open. A RERA complaint is usually better for delay interest, possession and conveyance. A consumer complaint on e-Jagriti may suit unregistered projects or larger compensation claims. Do not pursue the same relief in both forums at once.

How to write a strong RERA complaint

A RERA complaint is decided mainly on documents, so set out the facts clearly:

1. Parties and project: your name, the promoter’s name and address, the project name and its RERA registration number.
2. Timeline: booking date, agreement date, promised possession date, and any extension the promoter took.
3. Payments: a table of every payment with date, amount and receipt number.
4. The problem: delay, change in plan, defects, wrong area or refusal to execute the conveyance deed, with the relevant clause of the agreement.
5. Relief: exactly what you want, for example refund with interest under section 18, or interest for every month of delay till possession.
6. Documents: a numbered index of the agreement, receipts, letters, emails, photos and your notice to the builder.

Filing a RERA complaint as a group

When many buyers in one project face the same delay, a registered association of allottees can file a single RERA complaint, because the Act treats such an association as a “person”. Individual buyers can also file separate complaints and ask the Authority to hear them together. A group complaint shares the cost of documents and hearings, but each buyer’s payments and dates still need to be shown separately.

Check the project on the RERA website

Before filing, search the project on your state RERA website. Note the registration number, the completion date the promoter declared, any extension granted under section 6, and the quarterly progress updates. If these show the promoter has missed its own declared date, quote them in your RERA complaint.

Common mistakes to avoid

• Waiting for years. RERA has no fixed limitation period, but long delays weaken your case and the builder’s finances may worsen.
• Asking for compensation from the Authority. Compensation goes to the Adjudicating Officer.
• Missing payment proofs. Interest and refunds are calculated on each payment, so keep every receipt.
• Signing a possession letter that waives your claims without reading it.
• Filing in the wrong state. File with the Authority of the state where the project is located.

Frequently asked questions

Can I file a RERA complaint without a lawyer?

Yes. The forms are simple, hearings are often online, and you can argue your own RERA complaint.

Can I file a RERA complaint against an unregistered project?

Many authorities accept complaints about projects that should have been registered and were not, and can act against the builder. For refunds, a consumer complaint may also be an option.

How long does a RERA complaint take?

The Act expects a decision within 60 days, but in practice a RERA complaint often takes several months, especially if the builder contests it.

Can I get both refund and compensation?

Yes. Ask the Authority for refund with interest, and file a separate claim before the Adjudicating Officer for compensation.

What if the builder does not obey the RERA order?

Apply for execution. The amount can be recovered as arrears of land revenue, and the builder can face penalties for non-compliance (sections 63 and 64).

Where do I file a RERA complaint if I live in another state?

With the Real Estate Regulatory Authority of the state or Union Territory where the project is located, not where you live. Most authorities accept online filing and allow virtual hearings.

Is there a time limit for filing a RERA complaint?

The Act does not set a specific limitation period for complaints, but long delay can weaken your claim and the evidence. File as soon as the promoter misses the promised date or refuses your demand.

Can the buyer of a resale flat file a RERA complaint?

Yes. A person who acquires a flat by transfer from the original buyer is also an allottee and can file a RERA complaint against the promoter on the same terms.

Where can I get a ready-to-use notice before a RERA complaint?

Use CIVL’s legal notice format to put the builder on notice, and the consumer complaint format if you choose the consumer route.

Official sources

• Real Estate (Regulation and Development) Act, 2016 (India Code)
• Ministry of Housing and Urban Affairs: RERA
• Consumer Protection Act, 2019 (India Code)
• e-Jagriti: consumer commission portal