How To File A Complaint Against Real Estate Builder

According to the RERA Act, complaints can be filed against developers, builders, and real estate agents registered under RERA. There is a special set of forms to be filled and documents need to be submitted for admitting your complaints.

Every state’s official RERA website will have its complaint section and the buyer has to fill in the requisite details in the form prescribed. This complaint can be filed with the Real Estate Regulatory Authority, conciliating forum or the adjudicating officer.

Certain portals would require a buyer to create user name and password, and log-in to register a complaint, while other states, like Uttar Pradesh, allow the buyer to register a complaint directly.

The complaint form must produce details such as:

• Complainant Name
• Filing Complaint against – Builder/Agent
• Builder/Agent Name
• Flat number
• Tower/Wing No
• The total value of the flat
• Amount paid till date
• Date of possession
• Relief asked
• Pending court case

Process of filing complaint under RERA:

• Step 1 – Visit the state’s official website. On the portal, you will find the page of Complaint Registration.
• Step 2 – Click on the Complaint Registration link. A complaint form will open and you are required to fill the complaint details.
• Step 3 – While filing the complaint, a homebuyer would be asked to submit their personal details including name, address, contact, and project details. You have to attach supporting documents for the same.
• Step 4 – After filling up the complaint, the complainants would need to pay an amount of Rs 1,000 for registering the complaint or Rs 5,000 in case the complaint is filed before the Adjudicating Officer. 

RERA Complaint Form Sample (Bangalore)

Different Forums Under the RERA Act

RERA Authority

The RERA Authority was introduced by the Central Government in May 2017 to regulate the realty market and enforce transparency and accountability. It mandates builders/promoters to reveal all project-related details without false advertisements or fabrications.

Every state has prescribed a separate procedure and forms for complaint. Look at the below table for complaint form under RERA Authority:

State/UT	Complaint Form Applicable to Buyer, Builder, and Agent	Complaint Fee
Delhi	Complaint to Delhi RERA – Form M
Chandigarh	Complaint to Chandigarh RERA – Form M
Daman & Diu	Complaint to Daman & Diu RERA – Form M
Lakshadweep	Complaint to Lakshadweep RERA – Form M
Puducherry	Complaint to Puducherry RERA – Form M
Bihar	Complaint to Bihar RERA – Form M
Uttrakhand	Complaint to Uttarakhand RERA – Form M
Madhya Pradesh	Complaint to MP RERA – Form M
Kerala	Complaint to Kerala RERA – Under Progress
Rajasthan	Complaint to Rajasthan RERA – Form N	Rs 1,000 for Rajasthan RERA
Haryana	Complaint to Haryana RERA – Form CRA	Rs 1,000
West Bengal	Complaint to WB RERA – Form M
Telangana	Complaint to Telangana RERA – Form M
Goa	Complaint to Goa RERA – Under Progress	Rs 5,000 for Goa RERA
Chhattisgarh	Complaint to Chhattisgarh RERA – Form M
Andaman & Nicobar	Complaint to Andaman & Nicobar RERA – Form M
Dadra & Nagar	Complaint to Dadra & Nagar RERA – Form M
Andhra Pradesh	Complaint to Andhra Pradesh – Form M	Rs 1,000 for AP RERA
Gujarat	Complaint to Gujarat RERA – Form A	Rs 1,000 for Gujarat RERA
Maharashtra	Complaint to Maharashtra – Form A	Rs 5,000 for MAHA RERA
Madhya Pradesh	Complaint to MP RERA – Form M
Karnataka	Complaint to Karnataka RERA – Form N	Rs 1,000 for Karnataka RERA, Rs 5,000 for Appellate Tribunal
Odisha	Complaint to Odisha RERA – Form VI
Uttar Pradesh	Complaint to UP RERA – Form M	Rs 1,000 for UP RERA
Himachal Pradesh	Complaint to HP RERA – Form N
Punjab	Complaint to Punjab RERA – Form M	Rs 1,000 for Punjab RERA, Rs 5,000 for Appellate Tribunal
Tamil Nadu	Complaint to Tamilnadu RERA – Form M
Arunachal Pradesh	Complaint to AP RERA – Under Progress
Jharkhand	Complaint to Jharkhand RERA – Form N

RERA Adjudicating Officer

The Adjudicating Officer is appointed by the Central Government to apply jurisdiction, powers, and authority given by or under the Act. He/she is also allowed to give support in the following cases: 

• The builder has to refund along with interest for false presentation or advertisement of the project.
• He has to pay compensation for changes in the original building plan without the prior permission of the buyer.
• A builder has to pay compensation for structural defects.
• Defect in workmanship. 
• Poor quality construction. 
• Provision of services of the builder.
• Refund along with interest/monthly interest for the duration of delay in giving possession.
• A builder may also address the Adjudicating Officer in case of the claim for interest on delayed payments.

Look at the below table for complaint form under Adjudicating officer:

State/UT	Complaint form applicable to buyer, builder, and agent before Adjudicating Officer
Delhi	Complaint to Delhi RERA – Form N
Chandigarh	Complaint to Chandigarh RERA – Form N
Daman & Diu	Complaint to Daman & Diu RERA – Form N
Lakshadweep	Complaint to Lakshadweep RERA – Form N
Puducherry	Complaint to Puducherry RERA – Form N
Bihar	Complaint to Bihar RERA – Form N
Uttrakhand	Complaint to Uttarakhand RERA – Form N
Madhya Pradesh	Complaint to MP RERA – Form N
Kerala	Complaint to Kerala RERA – Under progress
Rajasthan	Complaint to Rajasthan RERA – Form O
Haryana	Complaint to Haryana RERA – Form CAO
Jharkhand	Complaint to Jharkhand RERA – Form O
Arunachal Pradesh	Complaint to AP RERA – Under progress
Tamil Nadu	Complaint to Tamilnadu RERA – Form N
Punjab	Complaint to Punjab RERA – Form N
Uttar Pradesh	Complaint to UP RERA – Form N
Himachal Pradesh	Complaint to HP RERA – Form O
West Bengal	Complaint to WB RERA – Form N
Telangana	Complaint to Telangana RERA – Form N
Goa	Complaint to Goa RERA – Under progress
Chhattisgarh	Complaint to Chhatisgarh RERA – Form N
Odisha	Complaint to Odisha RERA – Form VII
Karnataka	Complaint to Karnataka RERA – Form O
Maharashtra	Complaint to Maharashtra – Form B
Gujarat	Complaint to Gujarat RERA – Form B
Andhra Pradesh	Complaint to Andhra Pradesh RERA -Form N
Dadra & Nagar	Complaint to Dadra & Nagar RERA – Form N
Andaman & Nicobar	Complaint to Andaman & Nicobar RERA – Form N

RERA Appellate Tribunal

The Appellate Tribunal has the authority to review any order or decision of the RERA Authority or Adjudicating officer. They can also call for the records that are appropriate for the end of such appeal.

In case RERA gives a decision in favor of the builder, the buyer can file a plea in the RERA Appellate Tribunal within 60 days of receipt of the order of RERA.

Look at the below table for complaint form under Appellate Tribunal:

State/UT	Complaint form applicable to buyer, builder, and agent before Adjudicating Officer
Delhi	Complaint to Delhi RERA – Form L
Chandigarh	Complaint to Chandigarh RERA – Form L
Daman & Diu	Complaint to Daman & Diu RERA – Form L
Puducherry	Complaint to Puducherry RERA – Form L
Bihar	Complaint to Bihar RERA – Form L
Uttrakhand	Complaint to Uttarakhand RERA – Form L
Madhya Pradesh	Complaint to MP RERA – Form L
Kerala	Complaint to Kerala RERA – Under progress
Rajasthan	Complaint to Rajasthan RERA – Form M
Haryana	Complaint to Haryana RERA – Form AAT
West Bengal	Complaint to WB RERA – Form L
Telangana	Complaint to Telangana RERA – Form L
Goa	Complaint to Goa RERA – Under progress
Chhattisgarh	Complaint to Chhatisgarh RERA – Form L
Jharkhand	Complaint to Jharkhand RERA – Form M
Arunachal Pradesh	Complaint to AP RERA – Under progress
Tamil Nadu	Complaint to Tamilnadu RERA – Form L
Punjab	Complaint to Punjab RERA – Form L
Himachal Pradesh	Complaint to HP RERA – Form N
Uttar Pradesh	Complaint to UP RERA – Form L
Odisha	Complaint to Odisha RERA – Form J
Karnataka	Complaint to Karnataka RERA – Form R
Maharashtra	Complaint to Maharashtra – Form C
Gujarat	Complaint to Gujarat RERA – Form A
Andhra Pradesh	Complaint to Andhra Pradesh – Form L
Lakshadweep	Complaint to Lakshadweep RERA – Form L
Andaman & Nicobar	Complaint to Andaman & Nicobar RERA – Form L
Dadra & Nagar	Complaint to Dadra & Nagar RERA – Form L

The Real Estate (Regulation and Development) Act, 2016 (RERA)

The Real Estate (Regulation and Development) Act, 2016 was implemented to protect the interest of homebuyers and regain the lost faith in the real estate industry of India. This act was established for the regulation and promotion of the real estate sector to ensure the sale of apartments, plot, or building in an efficient and transparent manner. It is a real estate court that was established in each state for regulation of the real estate sector to ensure speedy justice such as the recovery of money and possession of the property to the home buyers.

If you are a buyer and facing such issues with your builder related to possession delay, non-refund for project postponement, demand for extra money than what was agreed to, change of layout, not providing accounts for maintenance expenses and not providing facilities such as parking space, storage space or elevator, etc then, this is the ultimate guide for you to answer all your pain points and help you understand what you can do in such cases.

Lodging a complaint under RERA is not a challenging task. You need to keep your documents ready and lodge a complaint online or offline only as per the realities of the case. If your case is justified, RERA will not mislead you. RERA is for consumers and the authority will pay full attention to their cases as per the Act.

RERA Implementation Status Across Nation

• 30 States/UTs have notified rules under RERA to date. The 4 North Eastern States namely Arunachal Pradesh, Meghalaya, Nagaland, and Sikkim are still under process to notify the RERA rules in the state.
• 29 States/UTs have established the Real Estate Regulatory Authority (Regular – 20, Interim – 09)
• 22 States/UTs have established Real Estate Appellate Tribunal (Regular -13, Interim – 09).  
• 24 States/UTs have operationalized their websites under the provisions of RERA.  
• As per received data, 42,488 real estate projects and 33,702 real estate agents have registered under RERA across the country till October 2019.

Buyers’ Right Under the RERA Act

Transparency:

 Transparency in project completion timelines, area measurements, payment, penalties for delay or legal issues, etc. will be included under the provisions of the Act.

The accuracy in Area Measurements:

 The builder is required to rate the price of the carpet area and not other units like the built-up area, super built-up area, etc. This assures regularity in price terms prescribed by builders.

Financial Discipline:

 Builders are suggested to keep 70% of the funds in one escrow account for each project. If the builder is caught using the funds of one project for another, he can be penalized and imprisoned for a maximum of 3 years.

Claim Refund:

 A buyer is qualified for claiming a full refund and interest post the due date. In case, the buyer wants to wait it out, the builder has to pay 10% interest every month until possession of the property.

Fast Trial:

 Adjudicating mechanism to be put in place for fast hearing and disposal of complaints.

When to file a RERA complaint?

A complaint can be lodged in case the builder has given you inadequate services regarding the following:

1. Charging higher than the agreed amount.
2. Didn’t give a receipt against the paid amount.
3. Poor construction quality.
4. House delivered doesn’t adhere to the terms agreed upon.
5. Failed to offer free parking space within the society.
6. Didn’t form a Co-operative Housing Society and handed over to its members.
7. Failed to provide a water storage tank.
8. Failed to provide enough ventilation and light.
9. Failed to deliver the house within the agreed time.
10.  Failed to provide accounts for the expenses against which money has been collected by the builder.
11. False advertisement
12. Structural defects
13. Ownership transfer

So, if you are planning to file a complaint against the builder, send a notice to him in writing or via mail. Do not worry if he denies accepting your notice as the only proof of sending is needed. Send the notice by registered post. Retain the proof of sending as it is a valid document in the Consumer Court Under Section 28A (3) of the Consumer Protection (Amendment) Act of 2002 and will be considered as the notice has been duly served. Now, you are free to file your complaint in the consumer court in case the builder doesn’t respond to your notice.