RERA Complaints & Appeals
RERA Lawyer in Delhi NCR
Complaints, replies and appeals under the Real Estate (Regulation and Development) Act, 2016, for homebuyers and for promoters, with the right forum chosen before anything is filed.
The Real Estate (Regulation and Development) Act, 2016 gave homebuyers a dedicated regulator, a statutory right to a refund or to interest for delay, and a process meant to be quicker than a civil suit. It has not removed the need for care. The complaint must go to the authority of the state where the project is registered, the relief must be claimed under the right section, and an order still has to be enforced. We act for allottees who want possession, a refund or compensation, and for promoters who face a complaint they say is misconceived, and we explain the likely route and its limits before any filing.
Which Authority Hears Your Complaint
RERA is a state-level regime. A complaint lies with the Real Estate Regulatory Authority of the state or Union Territory in which the project is situated, not where the buyer lives or where the builder has its office. A flat in Delhi falls under the Delhi authority, while projects in Noida and Greater Noida fall under the Uttar Pradesh authority and those in Gurugram under the Haryana authority, so a buyer in Delhi NCR often needs to check the project's registration before choosing a forum. Section 3 requires most projects to be registered, with limited exceptions, such as a plot of not more than five hundred square metres or not more than eight apartments, and a project that completed before the Act came into force and received an occupancy certificate need not register. Under Section 31, any aggrieved person may file a complaint with the authority or the adjudicating officer for a violation of the Act, the rules or the regulations. The registration page of the project on the authority's website shows the promoter, the declared completion date and any extension, and that record is the first document we examine. Where a project is not registered although it should be, that is itself a violation that can be raised.
Delayed Possession: Refund or Interest
Section 18(1) addresses a promoter who fails to complete or give possession in accordance with the agreement for sale or by the date stated there. The allottee then has a choice. If the allottee wishes to withdraw from the project, the promoter must return the amount received with interest at the prescribed rate, and compensation as provided in the Act. If the allottee does not wish to withdraw, the promoter must pay interest for every month of delay until possession is handed over. In Newtech Promoters and Developers Pvt. Ltd. v. State of Uttar Pradesh (2021), the Supreme Court held that the allottee's right to a refund under Sections 18(1) and 19(4) is unconditional and does not depend on the promoter having a reasonable excuse, and that the authority, not the adjudicating officer, decides refund and interest. The rate of interest is fixed by the rules framed by the state, and it applies in both directions, so an allottee who pays late also owes interest. The Supreme Court also held in the same case that the Act applies to ongoing projects that had not received a completion certificate when it came into force. Section 14(3) adds a right where a structural defect or a defect in workmanship is reported within five years of possession, which the promoter is to rectify within thirty days, and Section 12 gives a remedy where the buyer relied on a false statement in an advertisement or prospectus. Which section applies, and what the buyer should ask for, depends on the agreement, the payment record and whether the buyer still wants the flat.
Compensation, Appeals and Enforcement
Compensation is a separate head. Under Section 71, claims for compensation under Sections 12, 14, 18 and 19 are decided by the adjudicating officer, and the amount is fixed after considering factors listed in Section 72, such as the amount of loss caused and the unfair advantage gained. An order of the authority can be appealed to the Appellate Tribunal under Section 44, in the ordinary case within sixty days. A promoter who appeals against an order requiring payment to an allottee must first deposit at least thirty per cent of the penalty, or the total amount to be paid to the allottee including interest and compensation, under the proviso to Section 43(5), and the Supreme Court upheld that condition in Newtech. A further appeal on a question of law lies to the High Court under Section 58. An order that is not complied with can be enforced under Section 40, which allows recovery of the amount as arrears of land revenue, and the authority can also impose a penalty for non-compliance. In practice, obtaining the order is only the first stage. We advise on execution early, including what the promoter owns, whether the project is in financial difficulty and whether other creditors are ahead of the buyer. Where an authority order is arbitrary or made without jurisdiction, the Delhi High Court may be approached under Article 226, but a writ is not a substitute for the statutory appeal.
RERA, the Consumer Forum, Insolvency and the Civil Court
RERA is one remedy among several, and choosing between them is usually the most important early decision. Section 88 says the Act is in addition to other laws, and in Imperia Structures Ltd. v. Anil Patni (2020) the Supreme Court held that a homebuyer may still approach the consumer commission under the Consumer Protection Act, 2019, because the Act does not bar that remedy. A buyer should not run both for the same relief, and Section 71 contemplates a consumer complaint being withdrawn in order to proceed before the adjudicating officer. Section 79 does bar a civil court from entertaining a suit on a matter the authority or tribunal is empowered to decide, so a suit for refund against a registered promoter is unlikely to proceed. Where the builder is insolvent, an allottee is a financial creditor under the Insolvency and Bankruptcy Code, 2016, and an application under Section 7 by allottees of a project needs at least one hundred of them or ten per cent of the total number, whichever is less, in the same project. That route is collective, and it is aimed at restructuring the project, not at obtaining a quick refund for one buyer. Our chambers are at the Rohini Court Complex and the Delhi High Court, and we appear before the authority and the Tribunal as the matter requires. Past outcomes depend on the documents in each case, so we give an assessment after reading the agreement and the payment record, not a promise.
Why Samvid Law Chambers
Litigation Done With Discipline
- Forum chosen on the facts: RERA, consumer commission, insolvency or civil court, not by default
- Complaints built around the agreement for sale, payment receipts and the project's registered timelines
- Promoters advised candidly as well as buyers, including on the pre-deposit for appeal
- Chambers at Rohini Court Complex and the Delhi High Court, with appearances before the authority and Tribunal
How We Work
A Clear Engagement Process
- 01
Confidential Consultation
We begin with a one-to-one consultation to understand the facts, review your documents, and identify the legal issues at stake. Everything you share is held in strict confidence.
- 02
Case Strategy & Legal Opinion
Our team prepares a written legal opinion outlining the merits, possible remedies, timelines, and an honest assessment of risks. You decide how to proceed with clarity.
- 03
Drafting & Filing
We draft pleadings, applications, and supporting documents with precision and file before the appropriate court or forum without unnecessary delay.
- 04
Court Representation
Senior advocates appear at every hearing, argue interlocutory and final matters, and keep you informed after each appearance with a written update.
- 05
Enforcement & Closure
Winning the order is only half the work. We execute decrees, enforce judgments, and follow through until the relief reaches you in practical terms.
FAQ
Frequently Asked Questions
- Yes, but with the authority of the state where the project is situated, which would be the Uttar Pradesh or Haryana authority and not the Delhi one. Your residence does not decide the forum. Check the project's registration with that state's authority before filing.
- Section 18(1) lets the allottee choose. A refund with interest ends the relationship with the builder, while interest for each month of delay keeps the allotment alive until possession. The right choice depends on whether the project is likely to be completed, how much has been paid and whether you still want the flat.
- Not automatically. The Supreme Court in Newtech Promoters (2021) held that the right to a refund under Section 18(1) is unconditional where the promoter fails to give possession by the agreed date. The Act does recognise force majeure in defined circumstances for extension of registration, so the wording of the agreement and the authority's orders on the project both matter.
- In many cases yes. The Supreme Court held in Imperia Structures v. Anil Patni (2020) that RERA does not bar a consumer complaint. The two forums differ in procedure, relief and enforcement, so the choice should be made at the outset. You should not pursue the same relief in both.
- The Act does not prescribe a limitation period for a complaint to the authority. Delay can still count against a buyer when the authority weighs the facts, and the appeal deadlines are strict, so we recommend acting as soon as the promoter misses the date in the agreement.
- The authority decides refund and interest. Compensation under Sections 12, 14, 18 and 19 is decided by the adjudicating officer under Section 71. A complaint may therefore be heard in two parts, and the claim should be drafted with that in mind.
- The order can be enforced under Section 40 as arrears of land revenue, and a penalty can be imposed for non-compliance. Recovery depends on the promoter's assets, so it is worth considering early whether the promoter has the means to pay.
- A promoter can appeal to the Appellate Tribunal, but must first deposit at least thirty per cent of the penalty, or the total sum payable to the allottee including interest and compensation, under the proviso to Section 43(5). That requirement is intended to stop appeals made only for delay.
Consultation
Discuss your matter with an advocate
Share the facts and current documents so the chambers can identify the forum, immediate risk and available next steps.
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