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:

• The project is registered with the state RERA (almost all post-1 May 2017 projects of >500 sq m or >8 units must be).
• Your dispute is with the promoter / builder / developer — not with another buyer or with the housing society.
• The cause of action is one of: delayed possession, refund denial, mis-statement in the prospectus, change in plan/specifications without consent, defects in workmanship within 5 years (§14(3)), failure to form the society, or false RERA disclosure.

You cannot use RERA when:

• The project is unregistered and pre-2017 (file in Consumer Forum or Civil Court instead).
• The builder has gone into insolvency — once IBC proceedings start, NCLT takes over and RERA is paused.
• The dispute is purely between two flat-owners.

The most-cited provisions:

• §31 — Right to file a complaint with RERA.
• §35 — RERA's powers to summon, inspect, call records.
• §38 — Power to impose penalty and grant compensation.
• §40 — Recovery as arrears of land revenue (this is the teeth — Collector seizes builder property if order is ignored).
• §43–§44 — REAT structure and 60-day appeal window.
• §59–§72 — Penalties: up to 10% of estimated project cost or 3 years imprisonment for the promoter.

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.

• Allotment letter / Letter of Intent.
• Agreement to Sell (registered) — this is where the agreed possession date lives. Without a written date, RERA cannot fix delay.
• All payment receipts and bank statements proving consideration paid.
• Email/WhatsApp trail of builder's promises and excuses.
• Site visit photos with dates (geo-tagged ideally).
• Any addendum / supplementary agreement.
• RERA registration certificate of the project (downloadable from portal).

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:

• Maharashtra (MahaRERA) — Form M, fee ₹5,000, portal: maharera.maharashtra.gov.in.
• Karnataka (K-RERA) — Form N, fee ₹1,000, portal: rera.karnataka.gov.in.
• Uttar Pradesh (UP-RERA) — Form M, fee ₹1,000, portal: up-rera.in.
• Tamil Nadu (TN-RERA) — Form M, fee ₹1,000, portal: rera.tn.gov.in.
• Delhi (Delhi RERA) — Form M, fee ₹1,000, portal: rera.delhi.gov.in.
• Haryana (HARERA Gurugram / Panchkula) — Form CRA, fee ₹1,000, portal: haryanarera.gov.in.
• Telangana (TG-RERA) — Form A, fee ₹1,000, portal: rera.telangana.gov.in.

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:

• Interest on amount paid at SBI MCLR + 2% (or as the Rules prescribe), from the agreed possession date till actual possession or refund.
• Refund of full consideration plus interest, if the buyer wants out.
• Direction to deliver possession by a fixed date.
• Compensation under §18 for losses suffered (rent paid, EMI burden — strict proof needed).
• Penalty on the promoter under §59-§72.

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)

• Project is not RERA-registered. RERA has no jurisdiction over pre-RERA projects (most pre-May 2017) or projects below the size threshold (500 sq m / 8 units). Use Consumer Forum or Civil Court.
• Plot purchases without an agreement to sell. RERA needs a written agreed possession date or a registered agreement. Pure “verbal commitments” rarely succeed.
• You signed an out-of-court settlement mid-case under builder pressure (“we'll give you ₹2 lakh, withdraw the complaint”). Once recorded, complaint is closed and re-opening is very difficult.
• Project went to NCLT (IBC). Once a corporate insolvency resolution process begins, moratorium under §14 IBC kicks in. RERA proceedings are stayed; you must file a claim with the Resolution Professional instead.
• Insufficient documentary proof of payments / possession date. Verbal promises by sales agents do not bind the builder if not in the agreement.
• Limitation issues. While RERA has no rigid limitation under the Act, REAT and High Courts have applied 3 years from cause of action as the practical outer limit (Article 113, Limitation Act 1963).
• Wrong respondent. You must implead the actual promoter/developer entity (often a Special Purpose Vehicle / SPV) — not just the parent company brand name.

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:

• You want a certified copy of the order but the portal is glitching — RTI to PIO RERA.
• You want the action-taken-report on the recovery warrant — RTI to the District Collector's office under whose jurisdiction the project sits.
• You want builder's RERA compliance history (project quarterly returns, financial disclosures) — RTI to PIO RERA.
• You want dates and minutes of internal hearings to support an appeal.
• You want to know whether other buyers have filed similar complaints against the same builder (aggregate, anonymous data).

RTI does NOT help here when:

• You want RERA itself to give you a refund — RTI cannot adjudicate; only RERA / REAT can. File the substantive complaint first.
• You want documents the builder holds (sales register, internal correspondence) — the builder is a private party, not a public authority. Use §35 RERA powers (apply to RERA to summon those documents) instead.
• You want NCLT records — go to the cases section or the IBBI portal.

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.

• RTI in 12 simple steps — for first-time filers
• How to file a consumer complaint at NCDRC
• All Indian government helplines — one master directory
• RTI forms + state-wise fee chart
• Important RTI / RERA case law

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.