For many people, buying a house often turns into a nightmare due to delay in possession, subpar construction, fraud by the builder, etc.
While before 2016, there was no oversight to manage such situations, the Real Estate (Regulation and Development) Act, 2016 (Rera) can now penalise and take action against errant builders. All the buyer has to do is approach the Rera grievance redressal mechanism. According to the Economic Survey 2024-25, around 138,000 complaints have been resolved by Rera till January 2025. However, only projects registered with Rera fall under its purview. Here’s how to file a complaint with Rera against your builder for delinquency in service.
Step-by-Step Guide
1. Collect All Supporting Documents
These include builder-buyer agreement or allotment letter, proof of payment (bank statements, receipts), booking confirmation letter, project brochure or advertisements, Rera registration number of the project, and written communication with the builder regarding the dispute.
2. Visit State Rera Portal
Check the official portal of the respective state to begin the complaint process.
3. Draft the Complaint Application
It must include the name and contact details of the complainant and the builder or developer, the project’s Rera registration details, the nature of the complaint (delay, misrepresentation, non-registration, etc.), the relief sought (compensation, refund, penalty, possession, etc.), and a list of supporting documents. The application should be written in a formal tone with facts, and be devoid of any emotional fervour.
4. Pay The Filing Fee
The fee is typically in the range of Rs 1,000-5,000 (varies by state) and can be paid online via the respective Rera portal.
5. Submit The Complaint
Complaints can be filed online through the state Rera website, or offline, by submitting physical documents at the Rera office.
When Can You File A Complaint?
A complaint can be filed in several scenarios, such as:
Project Delay: If possession is not granted within the committed timeline.
False Advertisement: If the marketing material misrepresents the actual offering by the builder.
Construction Defects: For structural faults within five years of possession.
Layout or Plan Changes: Where layout or project specifications are changed without the buyers’ consent.
Unauthorised Payments: If builder asks for payments outside of the agreement.
Lack of Occupancy Certificate: If the project is completed without obtaining the necessary legal clearances for occupancy.
What Happens After The Complaint Is Submitted?
Rera issues a notice to the builder. Both parties present their cases at a hearing. Rera examines the documents, listens to arguments, and issues an order.
The Rera Act stipulates that the complaint is resolved within 60 days. However, some cases may take longer.
If the complainant is dissatisfied with Rera’s ruling, an appeal can be made to the Real Estate Appellate Tribunal within 60 days of the order. If unsatisfied with the Tribunal’s decision, the next level of appeal is the High Court, followed by the Supreme Court.
If a builder fails to comply with a Rera order, the authority may impose daily penalties for non-compliance, cancel the project registration, debar the builder from future projects, or order criminal prosecution leading to imprisonment of up to three years.