Property · 8 min read
RERA complaint — delayed possession, refund and compensation
How home-buyers can file a complaint before the State Real Estate Regulatory Authority — refund with interest, possession with delay compensation, and execution of orders.
The Real Estate (Regulation and Development) Act, 2016 (RERA) provides a fast, specialised forum for home-buyers in registered projects to seek refund, possession with delay compensation, or correction of false promises.
Each State has its own RERA — for Delhi, https://rera.delhi.gov.in/.
Who this guide helps
Is this for you?
- Allottees facing delayed possession beyond the agreement date
- Allottees seeking refund of amount paid with interest
- Allottees facing deviation from sanctioned plans, area shortfall or false amenities
Governing law
Legal basis
- Real Estate (Regulation and Development) Act, 2016
- Section 18 — return of amount and compensation
- Section 31 — filing of complaints
- Pioneer Urban Land & Infra v. Govindan Raghavan, (2019) 5 SCC 725
Step by step
The procedure
- 01
Verify project registration
Check the project on the State RERA portal. RERA jurisdiction is generally available against registered projects.
- 02
Send a written demand
Issue a written demand for refund / possession with delay compensation. Most builders respond once a formal notice is issued.
- 03
File the complaint online
Use the State RERA portal. Furnish parties, project details, payment ledger, agreement copy, and the relief claimed.
- 04
Hearing
Notice is issued; reply, rejoinder and short evidence by affidavit are filed; arguments are heard.
- 05
Order and appeal
Order generally directs refund with prescribed interest, or possession with delay compensation. Appeal lies to the Real Estate Appellate Tribunal.
- 06
Execution
Orders are executed as a decree of a civil court — recovery certificates can be issued to the District Collector.
Checklist
Documents to keep ready
- Builder-buyer agreement / allotment letter
- Payment receipts and ledger
- Brochure / advertisements (for false-promise claims)
- Sanctioned plan (where deviation alleged)
- Identity & address proof
What to expect
Indicative timeline
- Disposal: typically 4–12 months
- Appeal: a few months at the tribunal
Money matters
Cost components
- Filing fee — modest
- Counsel fee — agreed in writing
Indicative only. Actual outflow depends on the forum, valuation and scope of work.
Avoid these
Common pitfalls
- Choosing the wrong forum — RERA, NCDRC and NCLT have overlapping but distinct remedies
- Accepting possession 'under protest' without recording defects
- Delay in filing — limitation considerations apply
From the chambers
Practical tips
- Refund + interest is often a stronger relief than waiting indefinitely for possession
- Preserve all marketing material — it binds the promoter
Questions we hear
Frequently asked
Can I file in RERA and consumer court both?
Yes, but not for the same relief simultaneously. Choose strategically based on project status and relief sought.
Is RERA available for plots / commercial?
Yes — the Act applies to plotted developments and commercial projects above the threshold.
This guide is general information, not legal advice. The applicable law and procedure may vary depending on the facts of your matter and amendments enacted from time to time.