When to File a RERA Complaint
You can file a RERA complaint in three main scenarios: (1) possession delay beyond the RERA-registered date, (2) false representations in brochures or agreements that materially differ from what was delivered, and (3) failure to hand over the Occupancy Certificate or title documents at the time of possession. RERA also covers defects in workmanship or structure within 5 years of possession under Section 14(3).
Before filing, confirm the project is registered with the relevant state RERA. For unregistered projects, your remedy lies under consumer forums or civil courts, not RERA.
Which RERA Authority to Approach
File with the RERA authority of the state where the project is physically located — not where you reside or where the builder's office is. A Noida project falls under UP-RERA; a Whitefield project in Bangalore falls under K-RERA. Filing at the wrong state is one of the most common and costly errors.
Documents Checklist
- Allotment letter (issued at booking)
- Builder Buyer Agreement / Sale Agreement (registered copy preferred)
- All payment receipts and bank statements showing payments made
- Project's RERA certificate (downloadable from the state portal)
- Latest QPR (Quarterly Progress Report) from the RERA portal
- Any written correspondence with the builder (emails, WhatsApp, letters)
- Interest calculation sheet (amount paid × SBI MCLR+2% × months of delay)
- Your Aadhar, PAN, and address proof
- If claiming refund: bank details for receipt of refund
Step-by-Step Portal Filing Process
- Register on the state RERA portal. Most portals have a "Buyer Registration" or "Complainant Registration" option. Use your email and mobile number.
- Create a new complaint. Under the "File Complaint" or "Lodge Complaint" menu, enter the project's RERA number. The project details auto-populate.
- Enter complaint particulars. Describe the violation clearly. Reference the specific clause of your BBA that shows the promised possession date, and reference Section 18 of RERA for delay interest.
- Upload documents. Attach all documents from the checklist above. Most portals accept PDFs up to 5–10 MB per document.
- Pay the filing fee. Ranges from ₹1,000 to ₹5,000 depending on the state and relief sought. Payment is via the portal's payment gateway.
- Submit and note the complaint number. Save the acknowledgement. You will need this reference number for all future correspondence and hearings.
What to Put in the Complaint: Relief Sought
Under RERA Section 18, you have two mutually exclusive choices:
- Section 18(1)(a) — Continue and claim interest: You want to keep the flat but claim monthly interest at SBI MCLR+2% from the registered possession date until actual possession. Best when the project is close to completion.
- Section 18(1)(b) — Exit and claim full refund + interest: You want your money back plus interest for the entire holding period. Best when the project is severely delayed or unlikely to complete.
Clearly state which option you are choosing in the complaint body. You cannot claim both simultaneously. Also reference any specific BBA clauses and RERA portal QPR data that support your timeline.
Timeline: Registration to Order
- 0–30 days: RERA registers the complaint and issues notice to the builder.
- 30–60 days: Builder files a reply/written statement.
- 60–120 days: Hearings (typically 2–4). Most states now allow video conference hearings.
- 120–180 days: Final order. RERA is mandated to resolve disputes within 60 days of filing, but in practice 3–6 months is more common.
After the Order: Execution Process
If the builder does not comply with the RERA order (pay interest or refund), you file an Execution Petition with the same RERA authority. The authority can then invoke Section 40, treating the order as an arrear of land revenue and directing the district collector to recover the amount — effectively a government-backed recovery mechanism.
Common Mistakes to Avoid
- Wrong state RERA: Always file where the project is located.
- Wrong respondent: Name the registered developer entity as per the RERA portal, not just the brand name.
- Missing payment receipts: Without receipts, you cannot prove the principal amount. Get bank statements as backup.
- Not framing the limitation period: RERA complaints must generally be filed within 3 years of the cause of action. If your delay extends further, explicitly frame why the cause of action continues.
- Accepting possession mid-complaint without a written settlement: Taking possession before the order may be construed as waiving your delay interest claim unless explicitly reserved in writing.
FAQ
Can NRIs file RERA complaints?
Yes, NRIs have full rights under RERA. Video conference hearings are permitted in most states. Grant a Power of Attorney to a trusted person in India for document signings if needed.
Can multiple buyers file jointly?
Yes, joint complaints (with other buyers in the same project) are accepted by most RERA authorities and can be more impactful.
For detailed guidance on claiming possession delay compensation, see our possession delay claim guide. For RERA fundamentals, read our RERA explained article.