To file a RERA complaint, you submit a written complaint to the Real Estate Regulatory Authority of the State where the project is registered — usually through the Authority's online portal — pay the prescribed fee, and set out how the promoter (builder) has breached the Real Estate (Regulation and Development) Act, 2016 or its rules. The Authority then issues notice to the builder, hears both sides, and can order a refund, interest, possession, or compensation. Knowing how to file a RERA complaint correctly — with the right facts, documents and relief — is what separates a complaint that gets results from one that stalls.
This guide walks an ordinary homebuyer through the procedure: when RERA applies, what you can claim for builder delay, how to ask for a refund or compensation, the step-by-step filing procedure, fees, timelines, and what to expect at the hearing. It is general information, not legal advice — verify the current rules of your State Authority before you file.
When can you file a RERA complaint?
RERA was enacted to protect buyers and bring transparency to real estate. You can approach the Authority when a registered project's promoter, agent or allottee contravenes the Act or its rules. Common, real-world triggers include:
- Delay in possession beyond the date promised in the builder-buyer agreement.
- The builder refusing to refund your money after you withdraw because of delay.
- Deviation from the sanctioned plan or approved layout without your consent.
- False or misleading advertisements, or amenities promised but not delivered.
- Defects in construction reported within the defect-liability period (generally five years under Section 14(3)).
- Failure to register the project with RERA when registration was required.
- Charging for super built-up area instead of the carpet area, contrary to Section 4.
A key threshold: most ongoing and new projects above the size limits in Section 3 must be registered. If the project was never registered (and was not exempt), that itself is a violation you can raise.
Builder delay: your core right under RERA
The single biggest reason buyers approach RERA is builder delay. Section 18 of the Real Estate (Regulation and Development) Act, 2016 gives the allottee a clear choice when the promoter fails to hand over possession by the agreed date:
- Withdraw from the project and claim a full refund of the amount paid, with interest at the prescribed rate, plus compensation; or
- Stay in the project and claim interest for every month of delay until possession is actually handed over.
This is a statutory right — you do not have to prove the builder was negligent, only that possession was not given on time. The interest rate is set by State rules (often linked to the State Bank of India's highest marginal cost of lending rate plus a margin) and, importantly, the same rate applies both ways, so the builder pays you the same rate it would have charged you for a default.
Refund vs. interest for delay — which to choose?
| Factor | Withdraw + Refund (S.18) | Stay + Delay Interest (S.18) |
|---|---|---|
| You want the flat | No — you exit | Yes — you keep the booking |
| What you recover | Full amount paid + interest + compensation | Monthly interest on paid amount till possession |
| Best when | Project stalled, builder insolvency risk, you've lost faith | Project genuinely near completion, location still desirable |
| Continuing obligation | None after refund | You must still pay balance instalments on time |
| Tax/practical note | Lump-sum recovery; may need execution if builder delays paying | Keeps asset; interest accrues monthly |
There is no single "right" answer — it depends on the project's stage, your finances, and how much trust remains. An advocate can model both before you commit in the complaint.
Compensation under RERA
People often use "compensation" loosely, but RERA treats it as distinct from interest. Under Section 12 (false advertisement), Section 14 (structural defects / plan deviation), Section 18 (delay/withdrawal) and Section 19, an allottee can claim compensation for loss caused by the promoter's breach — for example, rent you paid elsewhere because possession was delayed, or losses from a misleading brochure.
Note the forum split many buyers miss: the Authority decides registration, refund and interest matters, while the Adjudicating Officer appointed under Section 71 decides claims for compensation under Sections 12, 14, 18 and 19. Your complaint should be framed for the correct decision-maker, and many State portals route this automatically based on the relief you tick.
How to file a RERA complaint: step-by-step procedure
The procedure is broadly similar across States, with local variations in the form, fee and portal. Here is the typical flow.
- Confirm the right State Authority. File with the RERA of the State where the property is located (for example, Karnataka RERA / K-RERA for Bengaluru projects). Each State has its own website and rules under Section 84.
- Gather your documents (see the checklist below) and note the project's RERA registration number.
- Register on the State RERA portal. Most Authorities — Karnataka, Maharashtra, Tamil Nadu and others — accept complaints online. Create a user account.
- Fill the complaint form prescribed under the State rules (often "Form M" or a State equivalent). State the parties, the facts in chronological order, the provisions breached, and the specific relief sought — refund, interest, possession, or compensation.
- Pay the prescribed fee (commonly around ₹1,000 per complaint, but it varies by State — verify the current figure on the portal).
- Attach supporting documents as required and submit. Keep the system-generated acknowledgement / complaint number.
- Receive notice and hearing date. The Authority issues notice to the builder, who files a reply. Hearings are relatively informal; you can appear in person or through an advocate.
- Order. The Authority or Adjudicating Officer passes a reasoned order. If the builder does not comply, you can seek execution / recovery as arrears of land revenue.
Documents you typically need
- Builder-buyer agreement / allotment letter / sale agreement.
- All payment receipts and bank statements showing amounts paid.
- The project's RERA registration certificate or number.
- Brochure, advertisement or emails relied on (for false-promise claims).
- Demand letters, possession-date communications, and any correspondence about delay.
- Your ID and address proof.
Fees, timelines and appeal — at a glance
| Stage | What to expect (verify locally) |
|---|---|
| Complaint fee | ~₹1,000 per complaint (varies by State) |
| Where filed | State RERA portal / Authority office where project is located |
| Disposal target | The Act expects expeditious disposal; Section 29 contemplates ~60 days, though practice varies |
| First appeal | Real Estate Appellate Tribunal (Section 43/44) within 60 days |
| Pre-deposit | A promoter appealing usually must first deposit a percentage of the amount ordered (Section 43(5)) |
| Further appeal | High Court under Section 58, on questions of law, within 60 days |
RERA vs. Consumer Court vs. Civil Court
RERA is not the only forum, and choosing well matters.
| Forum | Best for | Notes |
|---|---|---|
| RERA | Registered projects: delay, refund, interest, plan deviation | Specialist, faster, builder-specific remedies |
| Consumer Commission | "Deficiency in service" by builder | Concurrent remedy; many buyers still use it, especially for unregistered/older bookings |
| Civil Court | Complex title, specific performance, large damages | Slower; RERA is generally preferred for delay/refund |
| NCLT (IBC) | Builder is insolvent | Homebuyers are financial creditors; a different track entirely |
You generally cannot pursue the same relief in two forums at once. Pick the forum that fits your facts — an advocate can help you avoid a jurisdictional dead-end.
A quick statutory-citation note: where older guides reference the IPC or CrPC for any criminal angle (for example, cheating allegations against a builder), remember those codes have been replaced by the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Always verify the current section numbers before relying on them.
A realistic timeline example
Say you booked a flat in 2022 with possession promised by December 2024, and it is now mid-2026 with no occupancy certificate. You could: (a) send a written demand; (b) decide between exit-refund and delay-interest; (c) file the RERA complaint with payment proof and the agreement; (d) attend one or two hearings over the following weeks; and (e) obtain an order for refund-with-interest or monthly delay interest. If the builder stalls on paying, you move to execution. The exact pace depends heavily on your State Authority's docket.
For the firm's broader property-law work — title due diligence, agreements, and disputes — see our property and real estate law practice page. You may also find these guides useful: Sale agreement vs sale deed: what's the difference and how to view your Encumbrance Certificate (EC) online. Property due diligence before you buy is another sensible first step.
To read the bare Act yourself, the authoritative text of the Real Estate (Regulation and Development) Act, 2016 is available on the Government of India's India Code portal.
Frequently Asked Questions
Can I file a RERA complaint if the project is not registered with RERA?
Often yes. If the project was required to be registered under Section 3 but the builder did not register it, that non-registration is itself a violation you can raise, and you may also have a remedy before the Consumer Commission. Confirm whether the project fell within the registration thresholds.
How much does it cost to file a RERA complaint?
The complaint fee is modest — commonly around ₹1,000 per complaint — but it varies by State, so check your State Authority's current rules and portal before paying.
Do I need a lawyer to file a RERA complaint?
No, RERA allows you to appear in person, and the process is designed to be accessible. That said, framing the right relief (refund vs. delay interest vs. compensation) and the correct forum can materially affect the outcome, so many buyers consult an advocate.
What interest can I claim for builder delay?
Under Section 18, you can claim interest at the rate prescribed by your State rules for each month of delay if you stay in the project, or interest on a refund if you withdraw. The same rate generally applies both ways.
How long does a RERA complaint take?
The Act expects expeditious disposal — Section 29 contemplates roughly 60 days — but real timelines depend on your State Authority's caseload and how many hearings are needed.
Can the builder appeal a RERA order against it?
Yes. A promoter can appeal to the Real Estate Appellate Tribunal, but under Section 43(5) it usually must first deposit a percentage of the amount ordered before the appeal is heard.
What is the difference between interest and compensation under RERA?
Interest is the prescribed rate paid for delay or on a refund (decided by the Authority). Compensation is for actual loss caused by a breach — such as rent paid elsewhere — and is decided by the Adjudicating Officer under Section 71.
Can I claim a refund and still keep the option to sue for damages?
The refund route under Section 18 already includes interest and the right to compensation for loss. You generally cannot recover the same loss twice across forums, so structure your relief carefully with advice.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
