Quick answer. If your builder has delayed possession, denied a refund, changed the plan, sold less carpet area than promised, or built a defective unit, file a complaint with your state's RERA Authority under §31 of the Real Estate (Regulation and Development) Act, 2016. Use the state RERA portal (e.g., maharera.maharashtra.gov.in, rera.karnataka.gov.in, up-rera.in, rera.delhi.gov.in), upload Form M / Form A, pay the fee (₹5,000 in Maharashtra; ₹1,000 in Karnataka & UP), and RERA must dispose of the complaint within 60 days. If unhappy, appeal to the Real Estate Appellate Tribunal (REAT) within 60 days under §44. If the builder doesn't pay, RERA recovers the amount as arrears of land revenue under §40 — through your District Collector.
Vikas Deshmukh, 38, IT delivery manager from Pune. Booked a 2BHK in a Hinjewadi project from a mid-tier builder in March 2020. Total agreement value ₹84 lakh. Possession promised in the agreement: December 2023.
“I had paid 95% of the consideration by mid-2022. Then COVID, then 'labour shortage', then 'OC delay from PCMC', then 'tower-wing realignment'. Each WhatsApp update from the builder pushed possession by another quarter. By April 2025 I had been waiting 16 months past the agreed date with no firm OC. My EMI on the home loan was ₹62,000 a month and I was also paying ₹28,000 rent in Wakad. I gave up on emails and filed a MahaRERA complaint via Form M on the maharera.maharashtra.gov.in portal — fee ₹5,000 paid online. Hearing was scheduled in September 2025, fully virtual on Webex. The builder's lawyer asked for two adjournments; the Member rejected the second. Order came in October 2025: builder to pay interest at MCLR + 2% (10.85% p.a.) from January 2024 till date of actual possession, under §18 of the RERA Act. Builder paid ₹14.7 lakh interest within 90 days — they knew the next stage was District Collector recovery. I got OC and possession in February 2026. Total cost to me: ₹5,000 fee + ₹0 lawyer (I appeared on my own).”
—Vikas, March 2026
By March 2026, MahaRERA alone had registered over 1.05 lakh complaints since inception (MahaRERA quarterly report). About 62% were resolved with monetary or possession-related orders against builders. The biggest single ground? Delay in possession under §18.
The Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) created a state-level regulator for real estate. Every state has its own RERA Authority and its own Rules — but the parent Act and the rights it gives buyers are uniform across India.
You can use RERA when all of these are true:
You cannot use RERA when:
The most-cited provisions:
Go to your state RERA portal and search by project name, builder name, or RERA registration number (it looks like P52100012345 in Maharashtra; PRM/KA/RERA/1251/…/PR/…/000123 in Karnataka).
If the project is not registered, RERA cannot adjudicate. But you can file a separate complaint under §3 of the Act for non-registration — RERA can fine the builder up to 10% of project cost.
Build the file before you file. Keep originals safe; upload scanned PDFs.
Many states (and most REAT benches on appeal) appreciate a 30-day demand notice sent to the builder before complaint. Email + Speed Post. Quote §18 and ask for either possession with interest or refund with interest.
Each state has its own form name and fee. The most common:
Register on the portal with mobile + email + PAN. Fill the form (most fields auto-pull once you enter the project registration number). Upload the documents from Step 2. Pay online (net banking / UPI / card).
RERA serves the complaint on the builder within 7-10 days. Builder gets typically 21 days (state Rules vary) to file a reply. You'll see the status on the portal. Sometimes the builder responds, often there are 1-2 adjournments — keep checking the portal for cause-list dates.
Most states have moved to virtual hearings post-COVID (Webex / Zoom links sent by email). You can appear yourself; advocate is allowed but not required (RERA is designed as a buyer-friendly forum). Be prepared to summarize your case in 5 minutes and answer the Member's questions.
The Act fixes a 60-day disposal target under §29(4) (extendable with reasons). Common relief granted:
If the builder ignores the order, RERA forwards a Recovery Warrant (RR) under §40 to the District Collector, who recovers the amount as arrears of land revenue — by attaching builder's bank accounts, unsold inventory, and movable assets. This is RERA's strongest weapon and the reason most builders pay before it gets there.
You can also separately file an execution petition before RERA itself.
+-----------------+-----------+--------+-----------------------------------+
| State Authority | Form | Fee | Portal |
+-----------------+-----------+--------+-----------------------------------+
| MahaRERA (MH) | Form M | ₹5,000 | maharera.maharashtra.gov.in |
+-----------------+-----------+--------+-----------------------------------+
| K-RERA (KA) | Form N | ₹1,000 | rera.karnataka.gov.in |
+-----------------+-----------+--------+-----------------------------------+
| UP-RERA | Form M | ₹1,000 | up-rera.in |
+-----------------+-----------+--------+-----------------------------------+
| TN-RERA | Form M | ₹1,000 | rera.tn.gov.in |
+-----------------+-----------+--------+-----------------------------------+
| Delhi RERA | Form M | ₹1,000 | rera.delhi.gov.in |
+-----------------+-----------+--------+-----------------------------------+
| HARERA (Gur+PK) | Form CRA | ₹1,000 | haryanarera.gov.in |
+-----------------+-----------+--------+-----------------------------------+
| TG-RERA | Form A | ₹1,000 | rera.telangana.gov.in |
+-----------------+-----------+--------+-----------------------------------+
| Gujarat RERA | Form A | ₹1,000 | gujrera.gujarat.gov.in |
+-----------------+-----------+--------+-----------------------------------+
| WB HIRA* | - | - | (struck down by SC 2021 — file in |
| | | | consumer forum / civil court) |
+-----------------+-----------+--------+-----------------------------------+
REAT appeal fee (most states): ₹1,000–₹5,000 depending on relief sought.
Appeal window: 60 days from RERA order.
RERA execution petition fee: ₹1,000 (Maharashtra) — varies state-wise.
RTI to PIO of state RERA: ₹10 by IPO / DD. BPL = free.
Required documents (upload as PDF, ≤2 MB each in most state portals):
* Allotment letter / LoI (mandatory)
* Agreement to Sell (registered) (mandatory)
* All payment receipts (mandatory)
* Project RERA certificate (mandatory)
* Email / WhatsApp / notice trail (recommended)
* Photos of site / unit (recommended)
* ID proof — Aadhaar / PAN of buyer (mandatory)
Most state RERAs allow an in-house rectification application within 30 days for clerical errors. Not for re-arguing facts.
Under §43-§44, you (or the builder) can appeal to the state REAT within 60 days of the RERA order. The promoter must deposit at least 30% of the penalty / amount payable under §43(5) before filing appeal — a powerful disincentive against frivolous appeals. REAT must dispose of the appeal within 60 days under §44(5).
A second appeal lies to the state High Court under §58 of the RERA Act, but only on questions of law, within 60 days of the REAT order. Hire counsel — this is no longer DIY territory.
The Supreme Court in Imperia Structures v. Anil Patni (2020) confirmed that Consumer Protection Act and RERA Act are concurrent — a flat buyer can file under either. NCDRC / State Commission may suit you if you want pure damages and the local RERA is overburdened. See How to file a consumer complaint at NCDRC.
The state RERA Authority is a public authority under §2(h) of the RTI Act 2005. So is the District Collector who handles recovery.
RTI helps here when:
RTI does NOT help here when:
For background on filing a basic RTI, see RTI in 12 simple steps.
Q. My project is registered with RERA but the builder has stopped construction. Can I get a refund?
Yes — under §18(1) you can choose either to wait for possession with interest, or to withdraw and demand a full refund with interest. The choice is yours, not the builder's. File on Form M / Form A.
Q. The builder offered ₹5 lakh “as compensation” if I withdraw the case. Should I accept?
Compare it with your actual delay-interest entitlement (consideration paid × ~10.85% × years delayed). If the offer is significantly lower, the order route is usually better. If you do settle, ensure the terms are recorded as a consent order before RERA — not just a private agreement — otherwise enforcement is difficult.
Q. I bought a plot, not a flat. Does RERA cover plotted developments?
Yes — the RERA Act covers any “real estate project” including plotted layouts above the size threshold. Many states (Tamil Nadu, Karnataka, Maharashtra) explicitly notify plotted projects.
Q. The builder says my booking is “pre-launch” so RERA doesn't apply. True?
Generally false. Selling a unit before RERA registration is itself a violation under §3 — file a complaint about that too. Pay nothing further to such a builder.
Q. Can NRIs file a RERA complaint?
Yes. You can file online from anywhere; appear at the virtual hearing; appoint a Power of Attorney holder if needed. No special process.
Q. What if my state is West Bengal?
The earlier WB-HIRA was struck down by the Supreme Court in 2021 (Forum for People's Collective Efforts v. State of WB). West Bengal has since notified the central RERA Act — file at hira.wb.gov.in if active, otherwise use Consumer Forum.
Q. Can I claim mental harassment damages from RERA?
RERA's compensation under §18 is loss-based, not punitive. For a stronger “mental agony” component, you may prefer to file a parallel consumer complaint at the Consumer Forum — courts have awarded ₹25,000 to ₹2 lakh for harassment in flat-buyer cases.
Last reviewed: 26 April 2026 by RTI Wiki editorial team. State RERA Rules and fee schedules are revised periodically — verify on your state RERA portal before filing, or write to admin@bighelpers.in if you spot a stale figure.