Can I File a Private Criminal Complaint for a RERA Offence Against the Builder?

Answered by Advocate Sharan Jain··RERA & Homebuyer Disputes

Legal Shorts · 63 words

Section 80(1) requires the Authority or its duly authorised officer's written complaint before a court takes cognizance of a RERA offence. A buyer's section 31 regulatory complaint is a different process. Submit the evidence to the Authority and separately assess any independent general criminal offence or monetary remedy. Section 31 lets an aggrieved person complain about contraventions, which is a separate regulatory route.

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For an offence punishable under RERA, section 80(1) says a court can take cognizance only on a written complaint by the Authority or an officer duly authorised by it. A buyer's private criminal complaint is therefore not interchangeable with that statutory complaint. You can place the facts and evidence before the Authority and seek the action appropriate to the alleged breach.

How is this different from filing a RERA complaint?

Section 31 permits an aggrieved person to complain about contraventions within its framework. That regulatory proceeding and a court taking cognizance of an offence under RERA are different steps, with different complainant requirements.

Identify what you want the forum to do. A direction to comply, refund, interest, compensation, recovery and prosecution do not all follow through one application simply because the same builder is involved. Ask the adviser to identify the provision and forum for each requested remedy.

Does every breach carry a criminal prosecution?

Do not assume so. RERA distinguishes penalties and offences, and particular consequences depend on the provision and facts. A missed contractual promise should not automatically be described as an offence punishable with imprisonment without identifying the statutory basis.

If a previous Authority or Tribunal order is relevant, obtain the full order, proof of the required compliance and the subsequent record. A complaint about disobedience needs the actual direction and default, not just dissatisfaction with the promoter's conduct.

What should I submit to the Authority?

Provide a factual chronology, the project and promoter details, the provision said to be breached and the supporting documents. If you seek consideration of prosecution, state that expressly and explain why the relevant statutory conditions are met.

Ask for acknowledgment and a reasoned response through the applicable procedure. Do not promise other buyers that your request itself compels prosecution. The Authority or authorised officer must act within the law and assess the record.

Can the police investigate a separate criminal offence?

Section 80's restriction concerns offences punishable under RERA or its rules or regulations. Whether the same facts independently constitute an offence under general criminal law requires a separate assessment of that offence's ingredients and the appropriate procedure.

A civil or regulatory breach does not automatically establish cheating or another criminal offence. Conversely, the existence of a RERA remedy should not be treated as a universal answer to independently supported criminal allegations. Put the actual representations, payments and evidence before the adviser without changing the facts to fit a preferred label.

What if I only want my money back?

Focus on the monetary remedy and its enforceability. A prosecution request is not a substitute for a properly framed refund or compensation claim, and it should not be assumed to stop limitation or complete recovery. If you already have an order, examine the relevant enforcement route.

Disclose all proceedings and payments so that the same facts are presented consistently. Do not demand money in exchange for suppressing evidence or assume that a private settlement automatically disposes of a prosecution governed by statute.

What should I do now?

Prepare a remedy chart with three separate questions: what statutory contravention occurred, what personal relief is needed and whether there is evidence supporting an offence. Attach the documents under the relevant question rather than sending a single undifferentiated accusation to every authority.

The immediate procedural point is precise. For RERA offences, the court's cognizance requires the written complaint specified in section 80. A buyer should use the available regulatory process and obtain advice on any separate criminal-law route, rather than filing a private complaint on the assumption that section 31 and section 80 are the same permission.

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 31,80. 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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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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My Bengaluru builder has delayed possession. Can I file at RERA from abroad?

Living abroad does not, by itself, prevent a RERA complaint. The Act allows an aggrieved person to complain and permits legal representation. For qualifying possession delay, section 18 distinguishes withdrawing and seeking refund with interest and compensation from staying in the project and claiming delay interest. Start with the possession promise in your agreement, payment records and the builder's communications. Decide the relief you want, then use the applicable Karnataka process and the appropriate forum. A representative can help, but the documents still need to establish the claim.

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I Left the Promoter Company Before the RERA Offence. Am I Liable Just Because I Was a Director?

Section 69 requires a role-and-time analysis for company offences and separately addresses consent, connivance or neglect. A former directorship or resignation date alone is not conclusive. Obtain the alleged offence and period, preserve responsibility and departure records, and distinguish this offence analysis from other personal claims. Section 69(1) turns on the time the offence was committed, so build a dated record of your role.

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The builder replaced my booked corner apartment with another unit. Is my consent needed?

Ask for the original and revised plans before accepting a substitute unit. Section 14(2)(i) ordinarily requires your previous consent for specified changes to the unit agreed to be taken, subject to limited minor-change exceptions. The separate two-thirds project-consent rule is not a blanket answer to an individual-unit substitution. A different unit position, outlook or dimension is not obviously minor, so do not accept that label.

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The landowner says only the developer is responsible for the flat sold from the landowner share. Is that enough?

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I bought a shop, not a home. Can I still complain to RERA?

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