How To · RERA · Complaint Against a Builder
How to File a Complaint Against a Builder Under RERA
If a builder has delayed possession, changed the plan or carpet area, delivered a defective flat, or sold a project that is not registered, the Real Estate (Regulation and Development) Act 2016, known as RERA, gives you a direct remedy against the builder before the State RERA authority. Each state and union territory runs its own RERA with its own online portal, for example MahaRERA in Maharashtra and UP RERA in Uttar Pradesh, and you file where the project is located. RERA is faster and cheaper than a civil suit and is designed for homebuyers. This page explains who can complain, the grounds that work, the step by step filing on your state RERA portal, the relief you can claim, the fee and timeline, and the appeal to the Real Estate Appellate Tribunal. It is general information for India, not legal advice. Last verified October 2026.
- Law: the Real Estate (Regulation and Development) Act 2016, filed before your state RERA authority.
- Grounds: delay, plan or carpet-area change, defects, an unregistered project, or false advertising.
- Relief: possession with delay interest, refund with interest, rectification, or compensation.
- Where: the RERA of the state where the project is, on its own portal, with a modest fixed fee.
- Appeal: to the Real Estate Appellate Tribunal within about 60 days, with a builder pre-deposit.
01When you can complain
You can file a RERA complaint against a builder (the promoter) on grounds such as:
- Delay in possession beyond the date promised in the agreement.
- Change in the plan or layout without the required consent.
- Wrong carpet area or a mismatch between what was sold and delivered.
- Defects in construction within the defect liability period.
- Unregistered project or false advertising about the project.
- Not passing on benefits or diverting the project funds.
RERA mainly covers projects that are registrable under the Act. For a very old or exempt project you may have to use the consumer commission or civil court instead. Keep the builder-buyer agreement, the payment receipts and the project RERA registration number ready.
02What relief you can claim
RERA lets you ask for real, money-backed relief:
| Your situation | Relief you can claim |
|---|---|
| Delay, but you still want the flat | Possession with interest for the delay period |
| Delay, and you want out | Refund of the amount paid with interest |
| Defects in the flat | Rectification, or compensation |
| Wrong carpet area or extra charges | Adjustment or refund of the excess |
| Loss caused by the builder | Compensation decided by the adjudicating officer |
A plain direction and refund or delay interest is decided by the RERA authority; a claim for compensation is decided by the adjudicating officer. You can ask for both as your case needs.
03Find your state RERA
File before the RERA of the state or union territory where the project is located, on its own portal. For example:
- Maharashtra: maharera.maharashtra.gov.in
- Uttar Pradesh: up-rera.in
Every state has its own RERA website, complaint format and fee. Search for "[your state] RERA" or check the central list on the Ministry of Housing and Urban Affairs site at mohua.gov.in. Confirm the project is registered by searching its RERA registration number on the state portal.
04File the complaint step by step
The flow is similar across states:
- 1. Register on the state RERA portal as a complainant.
- 2. Fill the complaint with the project and promoter details, the facts, the ground, and the relief you want.
- 3. Attach the agreement, payment proof, the registration number and your correspondence with the builder.
- 4. Pay the complaint fee online, which is modest and fixed by the state RERA.
- 5. Submit and note the complaint number. RERA issues notice to the builder, hears both sides, and passes an order.
You can appear yourself or through a lawyer. RERA aims to decide complaints within about 60 days, though timelines vary by state and workload.
05The appeal to the tribunal
If you or the builder are unhappy with the RERA order, there is an appeal to the Real Estate Appellate Tribunal of the state under the RERA Act 2016, usually within 60 days of the order. From the tribunal, a further appeal lies to the High Court on a question of law.
- A builder appealing an order to pay must deposit a part of the amount, often the full amount of any penalty and a percentage of the sum to be paid to the buyer, before the appeal is heard.
- Keep the RERA order, your complaint record and the deposit proof for the appeal.
This pre-deposit rule stops a builder from appealing only to delay paying a homebuyer.
06Track the complaint and appeal
A RERA complaint runs before the state RERA authority and can move up to the Real Estate Appellate Tribunal and, on a question of law, the High Court, each with a number, hearing dates and orders. An order for refund or interest may also need an execution step. Tracking the whole chain in one place saves you missing a date.
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Once your complaint has a number, you can create a FREE Claw account and track the matter across the RERA authority and the Real Estate Appellate Tribunal, and the High Court if it reaches there, with hearing dates and orders as they are uploaded. Claw covers 9,102 courts, benches and forums, including RERA and its appellate tribunal, so there is a real tracking home, and judgment search spans 30 crore+ judgments with Supreme Court decisions from 1950 and High Court decisions from 1990, so you and your lawyer can find how similar builder disputes were decided. Results return in under 5 seconds, and Claw does not train its AI models on your documents. Tracking shows where the case stands; it is not legal advice.
07Sources and further reading
- Ministry of Housing and Urban Affairs (RERA framework): mohua.gov.in
- MahaRERA (Maharashtra): maharera.maharashtra.gov.in
- UP RERA (Uttar Pradesh): up-rera.in
- eCourts (for High Court case status): ecourts.gov.in
- Claw: clawlaw.in
This page is general information for India, not legal advice. Each state RERA has its own portal, format and fee; consult the state RERA or a lawyer for your matter.
08Frequently asked questions
On what grounds can I complain against a builder under RERA?
Delay in possession, a change in the plan or layout without consent, a wrong carpet area, construction defects within the defect liability period, an unregistered project, false advertising, or diversion of project funds.
What can I claim?
Possession with interest for the delay, or a refund of what you paid with interest if you want to exit, rectification of defects, adjustment of a wrong carpet area or extra charges, and compensation decided by the adjudicating officer.
Where do I file?
Before the RERA authority of the state or union territory where the project is located, on its own online portal, such as MahaRERA in Maharashtra or UP RERA in Uttar Pradesh. Confirm the project registration number on that portal first.
Do I need a lawyer and how much does it cost?
You can appear yourself or through a lawyer. The complaint fee is modest and fixed by the state RERA. RERA is designed to be faster and cheaper than a civil suit.
How long does RERA take?
RERA aims to decide a complaint within about 60 days, though the actual time varies by state and the workload of the authority.
Can the builder appeal a RERA order?
Yes, to the Real Estate Appellate Tribunal, usually within 60 days, but a builder appealing an order to pay must deposit a part of the amount first, which stops appeals filed only to delay paying the homebuyer. A further appeal on a question of law lies to the High Court.