My builder is 3 years late on possession — what are my rights?

Under §18(1) of RERA Act 2016 you have a choice: either WITHDRAW from the project and claim a full refund with interest at the prescribed rate (SBI MCLR + 2%), OR continue and claim interest for every month of delay. The Supreme Court in M/s Imperia Structures Ltd. v. Anil Patni (2020) 10 SCC 783 held that an arbitration clause does NOT bar a RERA complaint — RERA remedy is in addition to other remedies.

How long does the Authority take to decide?

§29(4) of RERA Act 2016 sets a 60-day target for the Authority to dispose of a complaint. Appeals lie to the Real Estate Appellate Tribunal under §44, again within 60 days.

What if the builder changes the layout without telling me?

§14 RERA prohibits any alteration in sanctioned plans, layout or specifications without the prior consent of two-thirds of allottees. Plus §14(3) gives you a 5-year structural-defect liability — the promoter must rectify any defect free of charge within 30 days of notice.

Architectural blueprints, wooden house model and a brass key — symbolic of RERA homebuyer rights

Real Estate

RERA Homebuyer Complaint — §31 of the RERA Act 2016

Possession delayed? Carpet area cut? Builder demanding extra payment? File a homebuyer complaint with your State Real Estate Regulatory Authority under §31 of the Real Estate (Regulation and Development) Act, 2016. The Authority must decide within 60 days. Penalty against the promoter can reach 10% of the project cost.

§31 RERA Act 2016 60-day decision target Bilingual EN + HI

1. Pick the issue

2. Fill the complaint details

Your full name (allottee)

Your address

Your phone

Your email

Promoter / builder name + registered office address

Project name

RERA registration number (if registered)

Unit / flat / plot number

State (decides which State RERA)

Booking / agreement date

Promised possession date

Total amount paid (INR)

Relief sought

Brief facts (one paragraph per event — they will be auto-numbered)

Place

Today's date

3. Your RERA complaint

Where and how to file

Every state has its own RERA portal. Court fee is typically ₹1,000–₹5,000 depending on relief sought.

MahaRERA (Maharashtra)

maharera.maharashtra.gov.in — online complaint filing

K-RERA (Karnataka)

rera.karnataka.gov.in

HARERA (Haryana)

haryanarera.gov.in (Gurugram + Panchkula benches)

UP-RERA

up-rera.in (Lucknow + Greater Noida)

TNRERA (Tamil Nadu)

tnrera.in

GujRERA (Gujarat)

gujrera.gujarat.gov.in

If your state isn't listed, search '<your state> RERA' on Google. Every State / UT has its own Authority under §20 of the Act.

Statutory timeline

Day 0 — Complaint filed

Submit via state RERA portal with court fee. Authority issues notice to promoter under §35.

Day 60 — Decision target

§29(4) sets a 60-day target for the Authority to decide. Most states' average is 6–9 months in practice.

Day 60+ — Appeal route

Appeal to Real Estate Appellate Tribunal under §44 within 60 days. Further appeal to High Court on question of law under §58.

Starter draft only. This is a personal complaint pre-filler. RERA also allows class-action filings under §31 by 'an association of allottees' — for which a single petition by the association is more strategic than individual complaints. Builder-buyer agreements often contain arbitration clauses, but the Supreme Court has held in M/s Imperia Structures v Anil Patni (2020) that consumer / RERA forums override arbitration. Civil suits for the same cause of action are barred under §79.