Filing a RERA complaint is deliberately designed to be more accessible than ordinary civil litigation — lower fees, a defined disposal timeline, and a specific forum built for exactly this kind of dispute — but knowing what to actually gather and file makes the difference between a smooth process and a drawn-out one.
Who can file a RERA complaint
Under Section 31, a complaint can be filed by an aggrieved allottee, an association of allottees (useful where multiple buyers in the same project share the same grievance — collective filing can carry more weight and share costs), or, in specified circumstances, any other person the rules recognise as competent to file.
Which forum handles what
- The state RERA Authority handles complaints relating to the general functions and duties of promoters, agents, and allottees under the Act — including possession delay, project non-compliance, and registration-related matters.
- An Adjudicating Officer (a distinct role under the Act) specifically handles claims for compensation under Sections 12, 14, 18, and 19 — where the relief being sought is monetary compensation rather than a broader regulatory direction.
This split matters for correctly directing a complaint — filing a pure compensation claim before the wrong forum can create unnecessary procedural delay.
Filing fee
RERA complaint filing fees are set by state rules and are generally modest compared to civil court filing fees for an equivalent claim value — deliberately structured to keep the forum accessible to individual homebuyers, rather than pricing out smaller claims the way high court filing costs might.
What to gather before filing
- The registered agreement for sale, including the agreed possession date and payment schedule.
- Proof of all payments made to the promoter (receipts, bank statements, payment schedule adherence).
- The project's RERA registration details and any publicly available project-progress filings.
- Any correspondence with the builder regarding the delay or grievance (emails, letters, notices).
⚠ Disposal timeline is directory, not always strictly met in practice: The Act specifies a target disposal timeline (commonly referenced as 60 days from filing) for the Authority to dispose of a complaint — but given the actual case volume many state RERA Authorities handle, complaints can and often do take longer than this target in practice. This target timeline is still meaningfully faster than typical civil litigation timelines, but should not be treated as a guaranteed, strictly-enforced deadline.
What happens after filing
The Authority typically issues notice to the promoter, schedules a hearing, and — based on the evidence and submissions from both sides — issues an order granting the relief sought (refund with interest, ongoing delay interest, direction to complete specific project obligations, or other relief) or dismissing the complaint if not made out. Orders of the RERA Authority are appealable to the state's Real Estate Appellate Tribunal.
Enforcement of a favourable order
A RERA Authority order, once passed, is enforceable — recovery of amounts due under an order can, in specified circumstances, proceed similarly to recovery of arrears of land revenue, giving the order genuine teeth beyond being a mere declaration, though practical enforcement against a genuinely insolvent or uncooperative builder can still require follow-through effort.
Frequently Asked Questions
Can a buyer file a RERA complaint without a lawyer? ▼
Yes — RERA proceedings are designed to be more accessible than ordinary civil litigation, and self-representation by the allottee is permitted, though for more complex claims or where significant amounts are involved, professional legal assistance can still meaningfully help in properly framing the complaint and presenting evidence.
Is there a time limit within which a RERA complaint must be filed after the grievance arises? ▼
While RERA itself doesn't always specify a rigid limitation period the way some other statutes do, unreasonable delay in filing a complaint can still affect how favourably a case is viewed or raise questions about the claim — filing promptly once a clear grievance (like a missed possession date) has crystallised is generally advisable rather than waiting an extended period.
What happens if the builder doesn't respond to a RERA complaint notice? ▼
The RERA Authority can proceed with the matter based on the available record and the complainant's evidence even if the promoter fails to respond or appear, similar to an ex-parte process in other adjudicatory forums — non-response by the builder does not stall the complainant's ability to obtain relief.