Introduction
Despite the introduction of the Real Estate (Regulation and Development) Act (RERA), some home buyers still face issues such as delayed possession, false promises, poor construction quality, or deviation from approved plans. When such problems arise, buyers often feel helpless and unsure about the correct legal route to take.
RERA provides a structured and buyer-friendly grievance redressal mechanism. This guide explains how to file a RERA complaint against a builder in a clear, step-by-step manner, helping home buyers protect their rights and seek timely justice.
1. When Can a Buyer File a RERA Complaint?
A home buyer can file a complaint under RERA when a builder violates the provisions of the Act or fails to meet the commitments mentioned in the agreement to sell. Common reasons include delayed possession, misleading advertisements, change in project layout without consent, poor construction quality, or failure to provide promised amenities.
RERA complaints can be filed for both residential and commercial projects, provided the project is registered under the respective State RERA authority.
2. Who Can File a RERA Complaint?
Any allottee or home buyer who has booked a unit in a RERA-registered project can file a complaint. In some cases, associations of home buyers can also file complaints collectively if multiple buyers are affected by the same issue.
It is important to ensure that the complaint falls within the jurisdiction of the State RERA authority where the project is located.
3. Documents Required for Filing a RERA Complaint
Before filing a complaint, buyers should gather all necessary documents to support their claim. These typically include the agreement to sell, allotment letter, payment receipts, builder-buyer correspondence, and proof of RERA project registration.
Having proper documentation strengthens the complaint and increases the chances of a favorable resolution.
4. Online Process to File a RERA Complaint
Most State RERA authorities provide an online portal for complaint filing. Buyers need to visit the official State RERA website and create a user account. After logging in, the buyer must fill in the complaint form with project details, builder information, and a clear description of the issue.
Relevant documents must be uploaded, and the prescribed complaint fee must be paid online. Once submitted, the complaint is registered and a unique complaint number is generated for future reference.
5. Complaint Fees Under RERA
The complaint fee varies from state to state and is usually nominal. It can range from a few hundred to a few thousand rupees depending on the State RERA rules. Buyers should check the applicable fee on the official portal before submitting the complaint.
The low cost of filing a complaint makes RERA an accessible legal remedy for home buyers.
6. Hearing and Resolution Process
After the complaint is filed, the RERA authority issues a notice to the builder and schedules a hearing. Both parties are given an opportunity to present their case. Buyers can appear in person or through a legal representative.
RERA aims to resolve complaints within a defined timeframe, making the process faster compared to traditional courts. Orders passed by the RERA authority are legally binding.
7. Types of Relief Buyers Can Seek
Under RERA, buyers can seek various forms of relief, including refund of the amount paid with interest, compensation for delays, or directions to the builder to complete the project as promised.
The authority may also impose penalties on builders for non-compliance with RERA provisions.
8. Appeal Against RERA Orders
If either party is dissatisfied with the decision of the RERA authority, they can file an appeal before the Real Estate Appellate Tribunal within the specified time period.
This ensures that buyers have multiple levels of legal recourse under the RERA framework.
Conclusion
Filing a RERA complaint is a powerful and effective way for home buyers to address grievances against builders. The process is transparent, affordable, and designed to protect buyer interests.
By understanding when and how to file a RERA complaint, buyers can take timely action, reduce financial risks, and ensure accountability in real estate transactions. RERA empowers buyers to stand up for their rights with confidence and clarity.
