How to File a RERA Complaint Against a Builder — Step-by-Step Guide

Procedure Guides Property RERA complaint builder complaint real estate
Law: Real Estate (Regulation and Development) Act, 2016
Authority: State Real Estate Regulatory Authority (RERA)
Timeline: 60 days (statutory timeline for disposal of complaint)
Cost: ₹1,000-5,000 (complaint filing fee varies by state)
Steps: 8
Eligibility: Any allottee, homebuyer, or association of allottees who has booked or purchased a unit in a RERA-registered project
Veritect
Veritect Legal Intelligence
Legal Intelligence Agent
17 min read

To file a RERA complaint against a builder, register on your state's RERA portal, submit a complaint with supporting documents (builder-buyer agreement, payment receipts, correspondence), and pay the filing fee of ₹1,000-5,000. The RERA authority must dispose of the complaint within 60 days. You can claim refund with interest, compensation, or possession of the unit.

Who can file a RERA complaint

  • Any allottee (homebuyer) who has been allotted a unit in a real estate project registered under RERA
  • A prospective allottee who has paid any advance or application money
  • An association of allottees (flat owners' association) filing on behalf of all affected buyers
  • A legal heir of a deceased allottee
  • An authorised agent with a registered Power of Attorney from the allottee

You can file a RERA complaint if the builder has:

  • Failed to deliver possession by the date promised in the agreement
  • Delivered a unit with structural defects or poor construction quality
  • Made false promises in advertisements or brochures about amenities, specifications, or layout
  • Changed the project layout or plan without your written consent
  • Failed to register the project under RERA despite being required to
  • Not obtained the Occupancy Certificate (OC) or Completion Certificate (CC)
  • Charged amounts not specified in the agreement
  • Failed to execute or register the sale deed within the prescribed time after receiving full payment

You cannot file if: The project is exempt from RERA registration (plots below 500 sq. metres or fewer than 8 units in some states), or if the complaint relates to a project completed before RERA came into force (May 2017 in most states).

Documents you will need

Mandatory documents

  • Builder-buyer agreement / Allotment letter — The signed agreement between you and the developer (original or certified copy)
  • Payment receipts / Bank statements — All payments made to the builder including booking amount, instalments, GST, and other charges
  • Builder's RERA registration number — Available on the state RERA portal by searching the project name or builder name
  • Identity proof of complainant — Aadhaar card, PAN card, or passport (self-attested copy)
  • Correspondence with the builder — All emails, letters, WhatsApp messages, and notices exchanged regarding delays, defects, or complaints
  • Project brochure / Advertisement — If the complaint involves false promises about amenities, layout, or specifications
  • Photographs / Videos — Evidence of construction defects, unfinished amenities, or deviation from promised specifications

Additional documents (if applicable)

  • Legal notice sent to the builder — If you have already sent a formal legal notice demanding action (not mandatory but strengthens the case)
  • Home loan documents — If you financed the purchase through a bank loan (sanction letter, disbursement details)
  • Possession letter or OC/CC — If the builder has given possession or claims to have completed the project
  • Affidavit — Required in some states to verify the facts stated in the complaint

Step-by-step process

Step 1: Verify the project's RERA registration

Before filing a complaint, confirm that the project is registered under RERA. Search for the project on your state's RERA portal using the project name, builder name, or locality.

Where: State RERA portal (see state-wise portal list below) How: Navigate to "Search Project" or "Registered Projects" and enter the project name or developer name

Tip: Note down the RERA registration number of the project — you will need it in the complaint form. If the project is not registered despite being required to, that itself is a violation and grounds for complaint against the builder under Section 3 of the RERA Act.

Step 2: Register as a complainant on the RERA portal

Create an account on your state's RERA portal as a citizen or homebuyer. You will need to provide your name, mobile number, email address, and identity proof.

Where: State RERA portal — look for "Citizen Login" / "Sign Up" / "Register as Complainant" What you need: Mobile number, email, Aadhaar or PAN

Tip: Use an email address you check regularly — all hearing notices, orders, and updates will be sent to this email.

Step 3: Fill the complaint form

Log in to the portal and select "File a Complaint" or "Register Complaint." Complete the form with the required details.

Key information to provide:

  • Your details as complainant (name, address, contact)
  • Builder/promoter details (name, company, RERA registration number)
  • Project details (name, location, unit number)
  • Nature of complaint (delay in possession, defective construction, false promises, overcharging, etc.)
  • Relief sought (refund with interest, possession, compensation, rectification of defects)
  • Factual summary of the complaint in your own words (be specific with dates and amounts)

Where: Online complaint form on the state RERA portal Form: Form A (as prescribed under the RERA Rules of your state)

Tip: Be factual and specific. Include exact dates (promised possession date vs actual status), exact amounts paid, and specific clauses of the agreement that have been violated. Avoid emotional language — RERA authorities respond better to clear, documented facts.

Step 4: Upload supporting documents

Attach scanned copies of all supporting documents to the online complaint form. Most portals accept PDF format with a size limit of 5-10 MB per document.

Where: Document upload section of the complaint form Format: PDF files, clearly named (e.g., "Agreement_with_Builder.pdf", "Payment_Receipts.pdf")

Tip: Organise your documents chronologically. Create a single consolidated PDF of all payment receipts and another for all correspondence. Clear, well-organised documents help the authority process your complaint faster.

Step 5: Pay the complaint filing fee

Pay the prescribed filing fee for the complaint. The fee varies by state.

Where: Online payment through the RERA portal (net banking, UPI, debit/credit card) Fee: ₹1,000-5,000 depending on the state

State Complaint Filing Fee
Maharashtra (MahaRERA) ₹5,000
Uttar Pradesh (UP RERA) ₹1,000
Karnataka (K-RERA) ₹1,000
Tamil Nadu (TNRERA) ₹1,000
Haryana (HRERA) ₹1,000
Delhi (Delhi RERA) ₹1,000
Rajasthan (R-RERA) ₹1,000
Gujarat (GujRERA) ₹5,000

Tip: Keep the payment receipt or transaction confirmation. The complaint is not considered filed until the fee is paid.

Step 6: Submit the complaint and save the reference number

After completing the form, uploading documents, and paying the fee, submit the complaint. You will receive a Complaint Reference Number (CRN).

Where: Online submission on the RERA portal What you receive: CRN (Complaint Reference Number) — save this number for all future tracking and correspondence

Tip: Take a screenshot or download a PDF of the submitted complaint. Some portals allow you to download the filed complaint as a PDF — do this immediately.

Step 7: Attend hearings

The RERA authority will issue a notice to the builder and schedule a hearing. You will receive the hearing date via email and SMS. Attend the hearing (in person or through your advocate) with original documents.

Where: RERA authority hearing room (physical) or virtual hearing via video conference (many states now offer this) Timeline: First hearing typically within 30-45 days of complaint filing

Tip: Prepare a written synopsis (1-2 pages) of your case with key facts, dates, and the relief sought. Present this along with an index of your documents at the hearing. If the builder asks for adjournment, object if it is without valid reason — RERA complaints are supposed to be disposed of within 60 days.

Step 8: Receive the RERA order and enforce it

The RERA authority will pass an order after hearing both sides. The order may direct the builder to deliver possession, pay a refund with interest, pay compensation, or rectify defects.

Where: Order is typically uploaded on the RERA portal and sent to your registered email Timeline: Within 60 days of complaint filing (statutory timeline; actual timeline may vary)

Tip: If the builder does not comply with the RERA order, you can file an execution petition before the RERA authority. Under Section 40 of the RERA Act, a RERA order has the same force as a decree of a civil court and can be executed as such. Under Section 63, non-compliance can lead to imprisonment of up to 3 years or a fine of up to 10% of the estimated project cost.

Fees and costs

Item Amount Payment Method
RERA complaint filing fee ₹1,000-5,000 (varies by state) Online payment on RERA portal
Advocate fee (optional but recommended) ₹5,000-50,000 (varies by complexity) Direct to advocate
Certified copies and documentation ₹200-500 As applicable
Travel for hearings Varies Personal expense
Total estimated cost (self-filing) ₹1,000-5,000
Total estimated cost (with advocate) ₹6,000-55,000

How long does it take

Stage Statutory Timeline Realistic Timeline
Complaint registration Same day (online) Same day
Notice to builder Within 7 days 7-15 days
First hearing Within 30 days 30-60 days
Final order Within 60 days of filing 60-180 days
Appeal to Appellate Tribunal (if needed) Must be filed within 60 days of order 6-12 months

Key factor: The 60-day statutory timeline for disposal is aspirational. In practice, RERA authorities in Maharashtra, UP, and Karnataka have significant backlogs. Straightforward delay cases are decided faster (3-6 months). Complex cases involving multiple issues (defects + delays + misrepresentation) may take 6-12 months.

Can you do this online?

Yes. RERA complaints are primarily designed to be filed online. Every state has a RERA portal that allows end-to-end complaint filing.

State-wise RERA portals

State Portal URL
Maharashtra MahaRERA maharera.mahaonline.gov.in
Uttar Pradesh UP RERA up-rera.in
Karnataka K-RERA rera.karnataka.gov.in
Tamil Nadu TNRERA tnrera.in
Haryana HRERA Gurugram / HRERA Panchkula haryanarera.gov.in
Delhi Delhi RERA rera.delhi.gov.in
Rajasthan R-RERA rera.rajasthan.gov.in
Gujarat GujRERA gujrera.gujarat.gov.in
West Bengal WBHIRA wbhira.gov.in
Madhya Pradesh MP RERA rera.mp.gov.in

Virtual hearings

Several states (Maharashtra, UP, Karnataka) now conduct hearings via video conference. You can attend from anywhere without visiting the RERA office. The hearing link is shared via email before the hearing date.

What if things go wrong

Problem: The builder argues the project is not registered under RERA

Solution: If the project should have been registered but is not, file a complaint under Section 3 of the RERA Act against the builder for promoting/marketing an unregistered project. The RERA authority can impose a penalty of up to 10% of the estimated project cost. Simultaneously, file your complaint for the substantive issue (delay, defect, etc.) — the builder cannot escape liability merely by not registering.

Problem: The RERA authority dismisses the complaint on technical grounds

Solution: Common technical grounds for dismissal include: complaint filed in the wrong jurisdiction, project not covered under RERA, or complaint not properly formatted. Address the specific deficiency and refile. If you believe the dismissal is wrong on merits, file an appeal before the Real Estate Appellate Tribunal within 60 days of the order, along with a deposit of the disputed amount (as required in some states).

Problem: Builder does not comply with the RERA order

Solution: File an execution petition before the RERA authority. If the builder still does not comply, the authority can impose a penalty under Section 63 (imprisonment up to 3 years, or fine up to 10% of estimated project cost, or both). You can also approach the civil court to execute the RERA order as a decree. Additionally, RERA authorities publish non-compliant builders' names on their portals, which affects the builder's ability to register new projects.

Problem: Builder offers a settlement — should you accept?

Solution: Evaluate the offer carefully. If the builder offers a refund with interest at the RERA-prescribed rate (State Bank of India's Marginal Cost of Lending Rate + 2%, or the rate prescribed by your state RERA), it may be reasonable to accept. If the offer is lower, continue with the complaint. Any settlement should be in writing and ideally recorded before the RERA authority. Do not withdraw your complaint until the settlement amount is actually received.

Problem: Multiple homebuyers are affected — can we file together?

Solution: Yes. An association of allottees or a group of affected buyers can file a joint complaint. This is often more effective because it demonstrates a pattern of builder defaults. Some states require the association to be registered; others allow an informal group to file. Joint complaints receive higher priority and the RERA authority may take suo motu action against the builder.

State-specific differences

Aspect Maharashtra Uttar Pradesh Karnataka Tamil Nadu
Filing fee ₹5,000 ₹1,000 ₹1,000 ₹1,000
Online filing Full online Full online Full online Full online
Virtual hearings Yes Yes Yes Limited
Interest rate on refund SBI MCLR + 2% SBI MCLR + 2% SBI PLR + 2% SBI PLR
Active complaint disposal MahaRERA has strongest track record Large backlog but improving Moderate efficiency Improving
Appeal timeline 60 days 60 days 60 days 60 days

Maharashtra (MahaRERA) is widely considered the most active and efficient RERA authority in India, with over 40,000 complaints disposed. Their portal has the most comprehensive features for tracking, virtual hearings, and accessing past orders.

Uttar Pradesh (UP RERA) handles the highest volume of complaints (given the large real estate markets of Noida, Greater Noida, and Lucknow) and has ordered significant refunds and penalties.

Frequently asked questions

Can I file a RERA complaint and a consumer complaint simultaneously?

The RERA Act provides that the Appellate Tribunal is the primary forum for real estate disputes under RERA. However, courts have held that RERA and consumer forums have concurrent jurisdiction. You can file in either forum, but filing in both simultaneously for the same relief may lead to one case being stayed. Choose the forum that is more efficient in your state — in Maharashtra, MahaRERA is generally faster than the Consumer Forum for real estate disputes.

What interest rate can I claim on a refund?

Under Section 18 of the RERA Act, if you opt for a refund, you are entitled to the full amount paid plus interest at the rate prescribed by the state RERA. This rate is typically the State Bank of India's Marginal Cost of Lending Rate (MCLR) plus 2% or the Prime Lending Rate (PLR) plus a margin. The interest runs from the date of each payment made by you until the date of actual refund.

Can I claim compensation beyond a refund?

Yes. Under Section 18(3), in addition to a refund with interest, the RERA authority can award compensation for the loss and damage suffered. This can include rent paid for alternative accommodation during the delay period, mental agony and harassment (though this is awarded conservatively), and any additional costs incurred due to the builder's breach.

No. There is no statutory requirement to send a legal notice before filing a RERA complaint. However, sending a notice puts the builder on record and demonstrates that you attempted to resolve the issue before approaching the authority. It also strengthens your case by showing the builder's non-response or unsatisfactory response.

Can NRIs file RERA complaints?

Yes. NRIs who have invested in Indian real estate projects can file RERA complaints. The online filing system allows complaints from anywhere. NRIs can attend virtual hearings or authorise an advocate or family member through a Power of Attorney to represent them at hearings.

What if the builder's RERA registration has been revoked?

Revocation of RERA registration does not extinguish the builder's obligations to existing allottees. You can still file a complaint. The RERA authority may appoint a government agency or another developer to complete the project. Your rights under the builder-buyer agreement and the RERA Act continue to exist regardless of the builder's registration status.

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