What is RERA complaint?
Also called: RERA complaint kaise kare, complaint against builder, Section 31 complaint, Form M, Form CRA
Buyers, agents and even builders can file a RERA complaint, a case under Section 31 of the RERA Act before the state authority or its adjudicating officer, against a builder, an agent or even an allottee for breaking the Act, the rules or the agreement.
Complaints are filed online on the state portal with a fee and copies of the agreement, payment receipts, demand letters and correspondence. Many states follow the model forms, Form M for the authority and Form N for the adjudicating officer; Haryana uses Form CRA and Form CAO. A single buyer can file, so can a group, and so can a registered buyers' association.
Where you file depends on what you want. Refund with interest, delay interest, possession, execution of the conveyance deed and repair of defects go to the authority. Compensation for losses, harassment or costs goes to the adjudicating officer under Section 71. The Supreme Court set out that division in Newtech Promoters v State of UP (2021), which also held that a buyer's right to a refund with interest when the builder fails to deliver on time is unconditional.
An order is only the halfway mark. If the builder doesn't pay, Section 40 allows recovery as arrears of land revenue, so the district collector executes a recovery certificate. UP RERA has issued a great many against Noida and Ghaziabad builders, and collection is slow. Either side can appeal to the Real Estate Appellate Tribunal within 60 days, and a promoter must first deposit at least 30% of the penalty, or the full amount due to the buyer with interest and compensation. A further appeal lies to the High Court.
The consumer commission route stays open. In Imperia Structures v Anil Patni (2020), the Supreme Court held that RERA doesn't bar a complaint under the Consumer Protection Act. Pick one forum for the same relief.
A buyer in Ghaziabad who has paid ₹48 lakh files with UP RERA for delay interest and wins an order. The builder ignores it, so the buyer applies for a recovery certificate, which goes to the district collector for execution.
Filing without a clean payment trail. Interest is worked out on proven payments, date by date, so keep every receipt, bank entry and demand letter.
Questions people ask about RERA complaint
Do I need a lawyer to file a RERA complaint?
No. Buyers can file and argue in person, and many do. A lawyer earns the fee in contested refund or compensation cases and at the Appellate Tribunal.
How much does a RERA complaint cost?
The fee is set by each state's rules and is usually a few thousand rupees at most for an individual complaint. The fee schedule is on the state RERA portal.
