RERA Complaint Procedure — A Buyer's Step-by-Step Guide

RERA applies to any real-estate project of more than 8 residential units OR more than 500 sq m of land area, that received development approval after the state RERA Act came into force (typically 1 May 2017 onwards). Section 3 makes registration mandatory for promoters of such projects.

Common eligibility issues: (i) projects where the Occupation Certificate was issued before 1 May 2017 are typically not RERA-registered and must be pursued through civil/consumer routes; (ii) plotted developments are covered in most states; (iii) commercial projects are covered though some states have nuances; (iv) projects with completion certificates issued mid-construction may have ongoing RERA jurisdiction for unsold units.

Section 18 — refund with interest where promoter fails to give possession by the date specified in the registered Agreement for Sale.

Section 14 — defects/deficiencies in construction discoverable within 5 years of possession.

Section 19 — misrepresentation in advertising, brochure, or sales pitch.

Section 11 — failure to upload promised information (sanctioned plan, financial details, progress) on the RERA portal.

Section 13 — collection of more than 10% of consideration without registered Agreement for Sale.

Section 31 — generic remedy section for any contravention of the Act.

Each state RERA portal has its own complaint format and online filing system. The typical complaint contains: (i) complainant's full particulars; (ii) project particulars including RERA registration number; (iii) promoter particulars; (iv) chronological factual narration; (v) specific grounds with statutory references; (vi) prayer (refund with interest, possession with delay penalty, specific reliefs); (vii) supporting documents.

Mandatory annexures: registered Agreement for Sale; allotment letter; payment receipts; demand letters from promoter; correspondence between buyer and promoter; brochure/advertisement (for misrepresentation cases); photographs of construction (where available); RERA registration certificate of the project.

Government fees: Maharashtra Rs 5,000; Karnataka Rs 1,000; UP Rs 1,000; Tamil Nadu Rs 1,000; varying in other states. Multi-buyer complaints are typically Rs 5,000 to Rs 10,000 with additional per-buyer fees.

Section 29 read with Section 71 RERA prescribes 60 days for the Authority to dispose of complaints. In practice, the timeline is often longer. MahaRERA averages 6-12 months for typical refund matters, RERA Karnataka 9-18 months, UP RERA 6-12 months. Complex matters (group complaints, inter-related projects) take longer.

The hearing follows a hybrid model: the Authority is not bound by CPC procedure (Section 28(2)), but hearings are oral, records are written, and the Authority can summon witnesses and documents (Section 35). Parties typically appear through counsel; in some states, parties can self-represent. Cross-examination is permitted in disputed factual matters.

Refund with interest under Section 18: typically refund of the principal amount paid plus interest at SBI MCLR plus 2% (in MahaRERA) or 9-10% per annum (most states). Interest runs from the date of payment to the date of refund.

Possession with delay penalty under Section 18 alternative: where buyer wants the unit, possession is directed by a date with penalty interest until handover.

Defect rectification under Section 14: builder directed to rectify within 30-60 days at builder's cost.

Penalty for misleading advertisement under Section 12: the consumer protection 1986 / 2019 schedule applies for restitution and penalty.

Compensation for harassment / mental agony — varies. MahaRERA has been reluctant to award; some other states more receptive.

Appeals from RERA orders go to the state Real Estate Appellate Tribunal (REAT) within 60 days under Section 44 RERA. MREAT (Maharashtra), Karnataka REAT, UP REAT, TN REAT, etc.

From REAT, second appeal lies to the High Court within 60 days under Section 58 RERA, but only on substantial questions of law.

Execution: a final RERA order, on lapse of appeal period, is executed as a decree of the civil court under Section 40 RERA. The complainant files an execution application before the civil court of the place where the property/builder's principal office is located.

Recovery rates: orders against listed/large builders are typically honoured; orders against smaller builders sometimes require execution proceedings, attachment of bank accounts, and even criminal prosecution under Section 63 RERA for non-compliance.