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.