How to File a RERA Complaint Against a Builder in India

Delayed possession, defective construction, or builder fraud? How to file a RERA complaint in India and what compensation you can actually claim.

By TrunkCall Editorial Team5 min readReviewed by TrunkCall Editorial Review

Most home buyers who book an under-construction property in India will face at least one problem before possession — a delayed handover, quality defects, or money collected for amenities that never materialised. The Real Estate (Regulation and Development) Act, 2016 (RERA) was created precisely for this. Here is how to use it.

What RERA covers — and what it does not

RERA protects buyers in any project that was required to register with the authority (land area above 500 sq m or more than 8 units). The main grounds for a complaint:

  • Delay in handing over possession beyond the date stated in your registered Agreement for Sale (AFS)
  • Defective construction or structural failure occurring within five years of possession
  • False or misleading claims in advertising — area, approvals, amenities promised but not delivered
  • Non-deposit of buyer payments into the designated RERA escrow account
  • Failure to provide completion certificate or occupancy certificate within the committed timeline

What RERA does not cover: completed resale properties, projects registered before the Act came into force in your state, small projects below the threshold, disputes with housing societies, or matters already pending in consumer courts on the same cause of action.

Find your state RERA portal first

Every state and Union Territory runs its own RERA authority. Your complaint must go to the authority where the property is located — not where you live. The major portals:

  • Maharashtra: MahaRERA (maharera.mahaonline.gov.in)
  • Karnataka: K-RERA (rera.karnataka.gov.in)
  • Delhi: DRERA (rera.delhi.gov.in)
  • Uttar Pradesh: UP RERA (up-rera.in)
  • Tamil Nadu: TNRERA (tnrera.in)
  • Haryana: HRERA (hrera.org.in)
  • Telangana: TSRERA (rera.telangana.gov.in)

Before filing, confirm your project is registered. Search by builder name or project name on the portal. The registration details, committed timeline, and any previous complaints will appear. Note the RERA registration number — you will need it in your complaint form.

What compensation you can actually claim

This is the most important section to read before you file, because vague complaints without a specific relief claim tend to drag on longer.

  • Delayed possession — stay in project: Interest at SBI MCLR + 2% per annum from the committed possession date until the actual handover date. Builders typically owe this on the entire amount paid, compounded monthly.
  • Delayed possession — want out: Full refund of all amounts paid with the same SBI MCLR + 2% interest rate from each payment date. You do not have to accept a delayed project you no longer want.
  • Defective construction: The builder must repair at their own cost within 30 days, if the defect occurs within five years of possession.
  • Misrepresentation: Compensation as determined by the Adjudicating Officer, based on the value of promises not kept.

Calculate the interest amount yourself before filing — builders who see a precise figure take complaints more seriously, and it also shows the officer you have done the work.

Step-by-step: filing the complaint

  1. Gather your documents. Registered Agreement for Sale, all payment receipts, the allotment letter, builder correspondence, photographs of defects if applicable, and your demand notice with proof of delivery.
  2. Create an account on the state RERA portal. Go to the Complaints section. Most states have a dedicated "File Complaint" button on the home page.
  3. Fill in the complaint form. You will enter the project RERA registration number, your unit details, the nature of the grievance, key dates, and the specific relief you are seeking — refund with interest, compensation, or possession with interest.
  4. Pay the filing fee. Typically Rs 1,000–Rs 5,000 depending on the state and relief amount claimed. Some states use a slab structure — check your portal.
  5. Submit and note your complaint number. You will receive SMS or email confirmation. Save this — you need it to track hearings and status updates.
  6. Attend hearings. Hearing notices are issued within 4–8 weeks in most states. You can appear in person or through an advocate. Post-2021, video hearings are widely available.

What happens after you file

The RERA Authority or the Adjudicating Officer (for compensation claims) will issue a notice to the builder. The builder submits a reply, and hearings are scheduled — usually two to four sessions before an order is passed.

If the order is in your favour and the builder does not comply within the specified period, you can apply for execution. The Authority can:

  • Recover the amount as land revenue arrears (an attachment order against the builder's bank accounts or property)
  • Suspend or cancel the builder's RERA registration
  • In extreme cases of wilful non-compliance, initiate criminal proceedings against the promoter

When to get a lawyer involved

Simple cases — a clear date in your AFS versus a clear delay — can often be filed and argued yourself. But get a RERA legal consultant for:

  • Builders contesting the possession date or claiming force majeure or COVID extensions
  • Cases with multiple defects where valuation is disputed
  • Fraud — wrong carpet area, unapproved construction, fabricated approvals
  • Appeals to the RERA Appellate Tribunal after an adverse or insufficient order
  • NRI buyers who need a power of attorney and cannot attend hearings in person

A lawyer familiar with your state's RERA process will know how orders are typically framed, which arguments the authority accepts, and whether your facts are strong enough to push for full refund versus stay-and-claim-interest. A short strategy call before filing is worth more than any amount of reading.

Talk to a RERA lawyer before you file

Verified legal consultants on TrunkCall can review your agreement, calculate your entitlement, and tell you exactly what to claim — in a single call.

Find a legal consultant

Frequently asked

Does RERA replace the consumer court for builder disputes?

You can choose either RERA or a consumer forum (District Commission, SCDRC, or NCDRC), but generally cannot pursue both simultaneously for the same cause of action. Most buyers prefer RERA for straightforward delay or defect cases — the process is builder-specific and the authority has real enforcement power over registrations. Consumer courts can be better for larger fraud or misrepresentation claims where you want broader remedies.

My project is not RERA-registered. What do I do?

If the project should have been registered (land above 500 sq m or more than 8 units) but was not, you can complain to the RERA authority about the non-registration itself — builders face substantial penalties. You can simultaneously approach the consumer forum for the underlying grievance. Consult a lawyer before proceeding, as the strategy differs from a registered-project complaint.

How long does a RERA complaint take to resolve?

The Act mandates a 60-day timeline for an order, but in practice most states take 6–18 months end to end. MahaRERA is generally faster, especially for clear delay cases — they have dedicated fast-track benches. Execution (collecting the money after an order) can take additional time if the builder delays compliance. Starting the process as early as possible matters.

Can the builder cancel my flat because I filed a complaint?

No. A builder cannot cancel your registered agreement because you filed a RERA complaint — doing so would itself be a violation of RERA and grounds for additional penalties. Continue making instalment payments as per your AFS while the case is pending, unless you are claiming a full refund and have already communicated that intention in writing.

Can I file a RERA complaint from abroad?

Yes. NRI buyers can file complaints online through the RERA portal and attend hearings via video conference in most states. You can also execute a Power of Attorney authorising a representative (a family member or advocate) to appear on your behalf. No physical presence is required at the filing stage.

What is the RERA Appellate Tribunal?

If you are dissatisfied with the RERA Authority or Adjudicating Officer's order — or if the order is adequate but the builder appeals — the next step is the RERA Appellate Tribunal for your state. Appeals must be filed within 60 days of the order. The Tribunal hears on both facts and law. After the Tribunal, further appeal lies to the relevant High Court.

Talk to a RERA lawyer before you file

Verified legal consultants on TrunkCall can review your agreement, calculate your entitlement, and advise on what to claim — in a single call.

Find a legal consultant

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