Buying a home is a dream for many Indians, but what happens when builders fail to deliver on their promises? Delayed possession, false commitments, and poor construction quality have left many homebuyers frustrated and helpless. Thankfully, the Real Estate (Regulation and Development) Act (RERA) enables buyers by providing a structured way to address grievances.

If you have encountered misconduct by a builder or developer, you do not have to suffer the legal complexities on your own. Understanding how to file a RERA complaint can help you seek justice efficiently. 

In this guide, we’ll walk you through each step, from registering your complaint to tracking its status, ensuring that you can assert your rights as a homebuyer with confidence.

Understanding RERA and When to File a Complaint

The real estate sector in India has witnessed rapid growth, but issues like project delays, misleading advertisements, and structural defects have also plagued it. To address these concerns, the Real Estate (Regulation and Development) Act, 2016 (RERA) was introduced. 

RERA Act, 2016

The Real Estate Regulatory Authority (RERA) was established to regulate and standardize the real estate industry across India. Every state and union territory has its own RERA body to monitor real estate transactions, ensuring builders and developers comply with the law. RERA mandates that all residential and commercial projects above a certain threshold must be registered under the respective state RERA authority.

Before RERA, homebuyers often found themselves trapped in disputes due to:

• Delayed project deliveries without compensation

• False promises in advertisements and brochures

• Poor construction quality with no accountability

• Builders diverting funds from one project to another

To tackle these concerns, the RERA Act, 2016 was enacted with two primary objectives:

1. Ensuring Transparency: Developers must disclose project details, including carpet area, timelines, and financial records, ensuring buyers have complete information before investing.

2. Holding Builders Accountable: RERA helps homebuyers to file complaints and seek compensation if developers fail to meet their commitments.

When Should You File a RERA Complaint?

If you have invested in a real estate project and are facing any of the following issues, you can file a RERA complaint against the developer:

• Project Delays: If the builder fails to hand over possession within the promised timeline, buyers are entitled to compensation or a refund.

• False Advertising & Misrepresentation: If the delivered property does not match the advertised specifications, buyers can file a complaint for misleading claims.

• Structural Defects: Any defects in construction quality within five years of possession must be rectified by the builder at no additional cost.

• Unfair Charges & Contract Violations: If the builder demands extra charges beyond the agreed terms or modifies the agreement unfairly, it can be challenged under RERA.

• Diversion of Funds: Developers must use buyers' funds only for the registered project. If they misallocate funds, buyers can take legal action.

Looking for professional RERA guidance? BCD India assists developers and buyers with seamless registration, compliance, and dispute resolution. 

Let's now explore the eligibility criteria and the necessary documentation required to file a RERA complaint online.

Who Can File a RERA Complaint? Eligibility and Requirements

The RERA Act, 2016, allows multiple stakeholders in a real estate transaction to seek legal recourse if they face unfair practices. However, certain conditions and documentation must be met for a complaint to be accepted. The following individuals and entities can file a RERA complaint:

1. Homebuyers and Allottees

Individuals who have booked or purchased a residential or commercial unit in a registered RERA project. Those facing project delays, false advertisements, or quality defects in their property.

2. Legal Representatives of Homebuyers

If the original buyer has passed away or is unable to file a complaint, a legal heir or power of attorney holder can do so on their behalf.

3. Associations of Homebuyers

Resident Welfare Associations (RWAs) or groups of buyers facing common issues in a project can file a collective complaint. For example, if multiple buyers in a society are experiencing poor construction quality or fraudulent charges, the RWA can escalate the matter through RERA.

4. Real Estate Agents and Other Stakeholders

Registered real estate agents can file a complaint against developers for non-payment of commissions or unfair contract terms. Financial institutions or investors involved in the project can also approach RERA if their contractual obligations are violated.

Also read: Understanding RERA Approved in Real Estate and its Benefits

Documents Required for Filing a RERA Complaint

To ensure smooth processing, complainants must submit specific documents when filing a RERA complaint. Here’s a detailed checklist:

In the next section, we will walk you through the step-by-step process of filing a complaint online.

Step-by-Step Procedure to File an Online RERA Complaint

Filing a RERA complaint online requires attention to detail and proper documentation. To ensure your complaint is processed efficiently, follow these steps carefully.

Step 1: Access the Official State RERA Website

Since real estate regulation falls under state jurisdiction, each state has its own RERA website where complaints can be filed.

• Visit your respective state’s official RERA website (e.g., MahaRERA for Maharashtra, Haryana RERA for Haryana, etc.).

• Look for the “Complaint Registration” or “File a Complaint” section, usually available on the homepage.

• If you’re unsure about the website link, visit the RERA India website (https://rera.gov.in) and navigate to your state’s portal.

Step 2: Register and Select the Complaint Type

Before filing a complaint, you must create an account on the RERA portal.

• Click on "New Registration" and fill in your details, such as name, email, phone number, and password.

• Verify your account through an OTP (One-Time Password) sent to your registered mobile number.

• Once logged in, select the complaint category based on the nature of your dispute:

  • Project Delay (Non-delivery of possession)

  • False Advertising (Misleading promotions or layout discrepancies)

  • Structural Defects (Poor construction quality)

  • Fund Misuse (Builder misappropriating project funds)

  • Other Grievances (Hidden charges, breach of contract, etc.)

Step 3: Fill Out the Necessary Information – Complainant and Respondent Details

In this step, you will need to provide details about both yourself (Complainant) and the developer, builder, or real estate agent you are filing against (Respondent).

Complainant Information:

• Full Name

• Contact Number & Email

• Address & State

• PAN or Aadhaar Card details

Respondent Information (Builder/Developer):

• Name of the builder or real estate company

• Project Name and Address

• RERA Registration Number of the Project

• Contact details of the builder/developer

Step 4: Attach Supporting Documents and Make Online Fee Payment

RERA requires supporting documents to validate your complaint. Ensure you upload scanned copies of the necessary documents. After uploading the required documents, you will be directed to the payment page.

• The RERA complaint filing fee varies by state (usually ₹1,000 to ₹5,000 for individual complaints and higher for group complaints).

• Make the payment online using Net Banking, Debit/Credit Card, UPI, or NEFT.

Step 5: Submit the Complaint and Retain the Reference Number for Tracking

• Once all details are filled in and documents uploaded, click on "Submit Complaint."

• After successful submission, the system will generate a Complaint Reference Number.

• You will receive an email or SMS confirmation with the complaint details.

By following these steps, you can successfully file a RERA complaint online and seek resolution for your real estate disputes. Now, let’s understand how to track your RERA complaint. 

Tracking the Status of a RERA Complaint

After filing a RERA complaint online, it is essential to monitor its progress to stay informed about updates, hearings, and resolutions. The Real Estate Regulatory Authority (RERA) provides a streamlined tracking mechanism that allows complainants to check their complaint status in real-time.

You can track its progress through the respective state’s RERA portal. Here’s how:

• Go to the RERA portal of your state.

• On the homepage, look for options like “Track Complaint,” “Complaint Status,” or “Grievance Status.”

• This section is usually available under the ‘Complaints’ or ‘Public Services’ menu.

• Input your Complaint Reference Number (received at the time of filing).

• Enter registered mobile number/email ID (if required for verification).

The system will display the current status of your complaint, including:

• Under Review: Complaint has been received and is being examined.

• Pending Hearing: A date has been scheduled for your complaint.

• In Mediation: The RERA authority is facilitating discussions between the complainant and the builder.

• Decision Issued: RERA has given its verdict, and action is awaited.

• Closed/Resolved: The complaint has been addressed, and resolution has been implemented.

Note: If you see a "Pending for Hearing" status, ensure that you check your registered email/SMS for details about the hearing date and venue.

What to Do If Your Complaint is Delayed?

If your complaint remains unresolved for an extended period, consider the following actions:

• Contact the respective RERA office via helpline numbers or email mentioned on the portal.

• Visit the physical RERA office if necessary.

You might also like: Telangana RERA Registration, Process and Fees Explained

Once you've filed a complaint under RERA, understanding the legal pathways that follow is crucial to ensuring your rights are protected. 

Legal Recourse Following a RERA Complaint

If you are aggrieved by a decision or order issued by the RERA Authority or an adjudicating officer, you have the right to appeal to the Real Estate Appellate Tribunal (REAT). The appeal must be filed within 60 days from the date of receiving the RERA order. Delays beyond this period may be considered if sufficient cause is demonstrated. ​

If unsatisfied with the Appellate Tribunal's decision, a further appeal can be made to the High Court within 60 days. ​

Understanding Penalties for Non-Compliance by Developers

RERA enforces strict penalties to ensure compliance and protect stakeholders' interests. Developers found violating RERA provisions or failing to adhere to orders may face:

1. Monetary Penalties:

• Non-Registration: Developers failing to register their projects with RERA can incur penalties up to 10% of the project's estimated cost. 

• False Information: Providing inaccurate project details can lead to fines up to 5% of the project's estimated cost. ​

2. Imprisonment:

• Continuous non-compliance or failure to rectify defaults may result in imprisonment of up to three years for the developer. ​

​In July 2024, HRERA imposed a penalty of ₹5 crore on Vatika Limited for not applying for RERA registration of an ongoing project within the stipulated time frame. The developer applied for registration five years after the Haryana notification in 2017, following suo motu action by HRERA.

Key Takeaways:

• Timely appeals are crucial; adhere to the 60-day window for filing appeals to the Appellate Tribunal.​

• Developers must ensure compliance with RERA provisions to avoid hefty penalties and potential imprisonment.​

• Stakeholders should remain vigilant and exercise their rights under RERA to promote transparency and accountability in the real estate sector.

Also read: Checking RERA Project Status in Gujarat

Conclusion

Understanding how to file a RERA complaint empowers you with a structured legal process to address grievances related to project delays, false advertising, or contractual breaches. Timely action and adherence to RERA guidelines can lead to swift resolutions, reinforcing transparency and trust in the real estate industry. 

If you’re facing issues with your property purchase, don’t hesitate—file your RERA complaint today and protect your rights!

Looking for expert real estate solutions? BCD India delivers top-notch construction, development, and project management services to bring your vision to life. Visit BCD India to explore innovative, reliable, and future-ready real estate solutions today!

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