RERA Complaint Process – How to File Against Builder for Delayed Possession 2025

Paid for flat but builder not giving possession? Project delayed by years? Construction different from promised?

You have powerful protection under RERA (Real Estate Regulation and Development Act). Learn how to use it!

What is RERA?

RERA (Real Estate Regulation and Development Act), 2016 protects home buyers from builder frauds and delays.

Main features:

• All projects must register with RERA

• Builders accountable for delays

• 70% of buyer money in escrow (can't be misused)

• Strict timelines for completion

• Heavy penalties for violations

• Fast complaint resolution

Every state has RERA Authority!

Who Can File RERA Complaint?

✓ Home buyers (flat, plot, villa purchasers)✓ Allottees✓ Associations of allottees✓ Real estate agents (in some cases)

When Can You File RERA Complaint?

Common reasons:

1. Possession Delay:

• Builder not giving possession on promised date

• Project delayed beyond timeline

2. Refund Issues:

• Cancelled booking but refund not returned

• Builder refusing to refund

3. Quality Issues:

• Construction quality poor

• Different from brochure/agreement

• Structural defects

4. Hidden Charges:

• Demanding extra money

• Charges not mentioned in agreement

5. Agreement Issues:

• Forced to sign unfair agreement

• Unilateral changes by builder

6. Carpet Area Shortage:

• Actual area less than promised

• Measurement disputes

7. Amenities Not Provided:

• Promised facilities not delivered

• Club, gym, pool missing

8. Title/Legal Issues:

• Property title unclear

• Approvals missing

9. Builder Harassment:

• Threatening buyers

• Not responding to complaints

10. Project Abandoned:

• Builder stopped construction

• No progress for months

Your Rights Under RERA:

✓ Right to know project details before buying✓ Right to complete information (carpet area, approvals, timeline)✓ Right to possession on time✓ Right to quality construction✓ Right to refund if builder defaults✓ Right to compensation for delays✓ Right to structural defect repair (5 years)✓ Right to file complaint

Compensation for Delay:

If builder delays possession:

You can claim:

• Interest on amount paid (usually same rate as charged by builder for delayed payments)

• Typically 10-12% per annum

• From due possession date till actual possession

Example: You paid ₹50 lakh, possession delayed by 2 years, interest @10% = ₹10 lakh compensation!

Before Filing RERA Complaint – Try This:

Step 1: Written Complaint to Builder

Send formal complaint via:

• Registered post AD

• Email

• Builder's website portal

Mention:

• Your booking details

• Issue faced

• Demand (possession/refund/compensation)

• Reasonable deadline (15-30 days)

Keep proof of sending!

Step 2: Follow-up

• Call customer care

• Visit site office

• Email escalation

• Document everything

Step 3: Check Builder's Response

If builder:

• Solves issue → Great!

• Doesn't respond → File RERA complaint

• Gives unreasonable excuse → File RERA complaint

• Threatens → File RERA complaint immediately

Documents Required for RERA Complaint:

✓ Allotment letter✓ Buyer-builder agreement✓ Payment receipts (all)✓ Possession letter (if received)✓ Correspondence with builder (emails, letters)✓ Project brochure/advertisement✓ Bank loan documents (if applicable)✓ Photos/videos (for quality issues)✓ Delay certificate/timeline proof✓ Advocate notice sent (if any)✓ Any other relevant documents

Keep original + 3 copies of each document!

Step-by-Step: How to File RERA Complaint

Step 1: Find Your State RERA Website

Each state has RERA website:

• Maharashtra: maharera.mahaonline.gov.in

• Karnataka: rera.karnataka.gov.in

• Delhi NCR: up-rera.in or haryanarera.gov.in

• Tamil Nadu: rera.tn.gov.in

Google: "[Your State] RERA website"

Step 2: Check Project Registration

• Search builder's project on RERA website

• Note RERA registration number

• Check project details, timeline

• If project NOT registered → File complaint against unregistered project also

Step 3: Register on RERA Portal

• Click "Register" or "Sign Up"

• Provide details (name, email, mobile, address)

• Verify email and mobile (OTP)

• Create username and password

Step 4: Login and Click "File Complaint"

Step 5: Fill Complaint Form

A) Your Details:

• Name, address, contact

• PAN (some states require)

B) Against Whom:

• Builder/Promoter name

• RERA registration number

• Project name and address

C) Project Details:

• Project RERA number

• Your flat/plot number

• Booking date

• Agreement date

• Due possession date

D) Complaint Details:

• Type of complaint (delay/refund/quality)

• Description of grievance

• Timeline of events

• Amount paid

• Demand/relief sought

Write clearly and factually!

E) Relief/Compensation Sought:

Be specific:

• "Grant possession immediately"

• "Refund ₹XX with 10% interest"

• "Pay compensation of ₹XX for X months delay"

• "Direct builder to complete amenities"

F) Documents Upload:

• Scan all documents

• Upload in PDF format (usually)

• Each file within size limit (check portal)

G) Verification:

• Read carefully

• Tick declaration box

• Submit

Step 6: Get Acknowledgment Number

• Complaint submitted

• Unique complaint number generated

• Save this number!

• Print/download acknowledgment

Step 7: Pay Fee (If Applicable)

Some states charge nominal complaint fee:

• ₹1,000-₹5,000 (varies by state)

• Pay online through portal

• Get payment receipt

Many states have NO fee for buyers' complaints!

Step 8: Notice to Builder

RERA sends notice to builder:

• Copy of your complaint

• Asks builder to respond

• Timeline given (usually 30 days)

What Happens Next:

Step 9: Builder's Reply

Builder files written statement:

• Their version

• Defense

• Documents

You'll get copy of builder's reply.

Step 10: Your Rejoinder (Optional)

If you want to respond to builder's defense:

• File rejoinder

• Counter their arguments

• Provide additional evidence

Step 11: Conciliation (Some States)

RERA may try to settle dispute through conciliation:

• Mediation between parties

• Try to reach agreement

• If settled → Consent order

• If not → Proceeds to hearing

Step 12: Hearings

RERA Authority conducts hearings:

• Both parties present arguments

• Submit documents

• Examine witnesses (if needed)

• Multiple dates given

You can:

• Attend personally

• Send lawyer

• Attend online (if option available)

Step 13: Final Order

After hearing evidence, RERA passes order:

Possible outcomes:

• ✅ Complaint allowed → Builder directed to give possession/refund/compensate

• ❌ Complaint dismissed → If no merit

• ⚖️ Partial relief → Some demands accepted

Step 14: Compliance

Builder must comply within timeline (usually 30-60 days).

If builder doesn't comply:

• File execution application

• RERA can take coercive action

• Recovery as arrears of land revenue

• Builder's property attached

Timeline:

Total time: 60 days ideally, but practically 6-18 months depending on case complexity.

RERA aims for quick resolution – faster than civil courts!

Can I Hire Lawyer?

Not mandatory – You can represent yourself.

But advisable if:

• Case is complex

• Amount involved is large (₹50 lakh+)

• Builder has strong legal team

• You're not comfortable with legal procedures

Lawyer fees: ₹10,000-₹1,00,000 (depends on case)

Alternative: Consumer Court vs RERA

Both are options!

Factor	RERA	Consumer Court
Jurisdiction	Real estate specific	All consumer issues
Timeline	Faster (60 days target)	Slower (1-3 years)
Expertise	Real estate experts	General consumer issues
Remedy	Specific performance, refund, compensation	Compensation primarily
Appeal	To Appellate Tribunal	To State/National Commission

Most buyers prefer RERA for real estate matters!

Appeals:

If not satisfied with RERA order:

File appeal in:

• Real Estate Appellate Tribunal (State-wise)

• Within 60 days of RERA order

• Must deposit 30% of penalty amount (if applicable)

Further appeal:

• High Court

• Supreme Court

Real Success Stories:

Case 1: Mumbai buyer paid ₹75 lakh for flat, possession delayed 3 years. Filed RERA complaint. MahaRERA ordered builder to pay ₹18 lakh compensation (₹6 lakh/year @10% interest on paid amount). Builder complied within 45 days.

Case 2: Bangalore buyer's project stuck for 4 years. Builder refused refund. Karnataka RERA ordered full refund of ₹40 lakh plus ₹8 lakh interest. Builder's bank account attached when he didn't pay.

Case 3: Gurgaon buyer got flat with 200 sq ft less carpet area. Haryana RERA ordered proportionate refund of ₹6 lakh within 30 days.

Common Builder Defenses (and How to Counter):

1. "Force majeure" (COVID, lockdown, etc.): Counter: RERA allows genuine delays but builder must prove. Check if delay only during lockdown or before also.

2. "Buyer agreed to delay": Counter: Any such agreement after booking is voidable. RERA protects you.

3. "Approvals delayed by government": Counter: Builder's responsibility to get approvals before selling. Not your problem.

4. "Small delay, buyer overreacting": Counter: Any delay beyond agreement timeline attracts compensation. No "small delay" concept.

5. "Refund clause in agreement": Counter: RERA overrides unfair agreement clauses. You're entitled to statutory interest.

Tips for Strong Complaint:

✓ Be factual, not emotional✓ Provide complete timeline✓ Attach ALL relevant documents✓ Specify exact relief wanted✓ Calculate compensation accurately✓ Mention all attempts to resolve✓ Quote relevant RERA sections✓ Be prepared for hearings✓ Keep checking complaint status online✓ Respond promptly to RERA notices

What If Builder is Bankrupt/Insolvent?

IBC (Insolvency and Bankruptcy Code) route:

• File claim in NCLT

• Join Committee of Creditors (CoC)

• Home buyers get priority (over other creditors)

• May get some refund from liquidation

RERA + IBC both can run parallelly.

Prevention Tips:

✓ Buy only RERA-registered projects✓ Check builder's track record✓ Verify all approvals before booking✓ Read agreement carefully✓ Don't pay cash – only account transfers✓ Keep all receipts and documents✓ Visit site regularly✓ Join buyer WhatsApp groups

Conclusion:

RERA has empowered home buyers tremendously. Builders can no longer cheat with impunity. The complaint process is buyer-friendly, fast, and effective.

If your builder is defaulting, don't suffer silently. File RERA complaint and assert your rights. Thousands of buyers have already got justice – you can too!

Remember: Your home, your hard-earned money, your right to justice!