Can My Friend Argue My RERA Complaint Just Because I Gave a Power of Attorney?

Answered by Advocate Sharan Jain··RERA & Homebuyer Disputes

Legal Shorts · 50 words

Section 56 lists who may present a RERA case, alongside your right to appear personally. A power of attorney alone does not automatically give an unqualified friend the same right as a listed representative. Check the person's capacity, the proposed acts and the forum's applicable permission requirements before the hearing.

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A power of attorney does not by itself put a friend into every category authorised to present a case under RERA. Section 56 lets the applicant or appellant appear personally or authorise the listed professionals or its officers. If your friend does not fit a listed category, check the forum's applicable procedure and any permission required before relying on that person to argue the case.

Who does section 56 identify?

The section names chartered accountants, company secretaries, cost accountants, legal practitioners and any of the applicant's or appellant's officers. Its explanations define the professional categories, including the certificate-of-practice requirements for the specified accounting and secretarial professionals.

A person having an accounting degree is not necessarily a practising chartered accountant for this purpose. Similarly, calling a friend your representative in a letter does not establish that they are an officer of an entity or a member of a listed profession. Verify the actual capacity and authority.

Can I still present my own complaint?

Yes, section 56 expressly allows appearance in person. That does not remove filing, evidence or hearing requirements. Check the actual notice and directions, and prepare the documents and relief you want the forum to consider.

Assistance in organising papers is different from presenting or arguing the case. A friend can help you sort a timeline without that automatically giving them a right of audience. Tell the registry accurately what role is proposed rather than assuming all forms of assistance are treated alike.

Does a power of attorney solve the problem?

It may establish authority for specified acts, but the power to authorise an act and the forum's rules about who may present the case are separate questions. The document should identify its permitted tasks and limits. Do not use a broad property power as a substitute for checking litigation representation requirements.

If you want a non-listed person to appear, ask an adviser to identify the legal basis and whether a specific permission application is appropriate. Do not assume such permission is either automatic or impossible in every circumstance. The actual forum and proposed act matter.

What if the complainant is a company or association?

Identify the entity, the person acting for it and the resolution or other authority supporting the appointment. The words any of its officers require attention to the actual relationship. A person helping several buyers does not become every buyer's officer merely because the group nominated them informally.

The authority to sign, verify, file, appear and settle may also need to be distinguished. A document authorising submission of papers should not be casually treated as permission to waive the claim. State settlement limits clearly in the instructions.

What should I do before the hearing?

Check who is recorded as appearing, what authorisation has been filed and whether the forum has raised any objection. Resolve the issue before the hearing date where possible. Keep the notice, identity documents, professional details where relevant and authority document together.

If the proposed representative cannot attend or is not accepted, obtain advice on an appropriate request rather than simply missing the hearing. Do not promise yourself that a representation defect will always be curable later without consequences.

What should my instructions say?

Identify the case, authorised tasks, documents the person may receive and any limits on compromise or withdrawal. Confirm how hearing information will reach you. Keep a copy of every submission made in your name.

The immediate decision is who can lawfully present this case and with what authority. A clear answer protects both the hearing and control over your claim, particularly where someone offers to handle everything because they have appeared in a different forum before.

This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice on your specific situation.

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Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Real Estate (Regulation and Development) Act, 2016: sections 56. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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