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RERA / Builder Complaint Evidence Checklist

Every document you need to file a RERA complaint against a builder for delay, defects, or misrepresentation

Filing a RERA complaint requires a specific set of documents that prove your identity as a buyer, your contractual relationship with the builder, the nature of the violation, and the financial loss suffered. The Real Estate (Regulation and Development) Act, 2016 gives RERA authorities the power to order refunds, compensation, interest, and penalties. This checklist ensures your complaint is complete before you file at your state RERA authority.

Quick answer

A RERA complaint is filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016 with the state authority where the project is registered, and it must be decided within 60 days. Where possession is delayed, Section 18 gives you a choice: withdraw and claim the entire amount paid with interest, or stay in the project and claim interest for every month of delay. Most state rules set that interest at the State Bank of India's highest marginal cost of lending rate plus 2%.

Key takeaways

  • The agreement for sale is the anchor document. The possession date, the grace period and the payment schedule are all read from it.
  • Section 18 gives you the election — refund with interest, or interest for every month of delay. The promoter cannot choose for you.
  • Take a dated screenshot of the project page on the state RERA portal now: promoters do apply to revise their declared completion date.
  • RERA and the consumer commission are concurrent remedies. The Supreme Court held in Imperia Structures v. Anil Patni that RERA does not oust consumer fora.
  • An offer of possession without a valid Occupancy Certificate is generally not a valid offer, and accepting it unqualified can stop your delay clock for nothing.
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Identity & Buyer Proof

Property & Agreement Documents

Payment Evidence

Builder Communication & Default Evidence

RERA Portal & Filing

Where to File

State RERA Authority (e.g., MahaRERA, RERA Haryana, UP-RERA, Gujarat RERA). File online at your state RERA portal or in-person at the RERA office.

Expert Tip

RERA complaints must be filed within 5 years of the cause of action (e.g., builder's failure to hand over possession). Under Section 18, buyers are entitled to interest at SBI MCLR + 2% for every month of delay — calculate this and include it in your relief claimed.

Related Resources
RERA Complaint FormatBuilder / RERA Help CenterLegal Notice for RentLegal Notice to Builder for DelayDraft Your Complaint Now

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The documents that decide a RERA complaint

RERA complaints are decided on a small number of documents, and the rest of the file is supporting material. Getting these four right is most of the work.

  • The allotment letter and the booking application, which establish when you entered the project.
  • Demand letters from the promoter, which show the payment schedule and your compliance with it.
  • The brochure and advertisements as they stood at booking, which evidence what was promised.
  • For a home loan: the sanction letter, the disbursement schedule, and statements showing pre-EMI or EMI paid.
  • If you are renting elsewhere: the rent agreement and rent payment proof, supporting the consequential loss claim.
  • Dated photographs of the actual state of construction.
  1. 1The agreement for sale, registered where required, with every schedule and annexure. This fixes the possession date, the grace period, the payment schedule and the specifications.
  2. 2The complete payment record: every receipt issued by the promoter, matched against bank statements showing each transfer and its date. Interest is computed on amounts actually paid.
  3. 3The project page on the state RERA portal — its registration number, the promoter's declared completion date and any extension granted. Screenshot it, dated.
  4. 4The correspondence on the delay: every letter and email, with dates, and the promoter's replies or the absence of them.
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Screenshot the RERA portal page today

The promoter's declared completion date on the state portal is its own statement to the regulator, and promoters do apply to revise it. A dated screenshot taken now preserves what the page said before any extension — which can matter a great deal later.

Section 18: the election, and how the interest is calculated

Section 18 applies where a promoter fails to complete or is unable to give possession by the date specified in the agreement for sale. It gives the allottee a choice, and the choice is yours to make.

If you withdraw from the project, the promoter must return the entire amount received from you, with interest and compensation. If you do not withdraw, the promoter must pay interest for every month of delay until possession is handed over. Most state rules prescribe the interest at the State Bank of India's highest marginal cost of lending rate plus 2%, which has produced an effective rate broadly in the 10% to 12% range.

  1. 1Take the possession date from the agreement for sale, including any grace period the agreement expressly allows.
  2. 2Establish the total amount paid, with the date of each payment.
  3. 3Find the prescribed rate in your state's RERA rules and check SBI's current highest MCLR on the day you calculate.
  4. 4Count the months of delay from the effective possession date to the date of a lawful offer of possession, or to the date of the claim if none has been made.
  5. 5Compute interest on the amount paid for that period.
  6. 6Add documented consequential loss: rent paid elsewhere, and EMI or pre-EMI serviced on a flat you could not occupy.
  7. 7State the arithmetic in the complaint so the promoter can reproduce it.
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Concede the grace period

If the agreement gives the promoter a six-month grace period, count from the end of it. Arguing against a clause you signed weakens everything else in the complaint, and the months you lose are usually fewer than the credibility you gain.

Authority, adjudicating officer, or consumer commission

RERA itself has two internal routes, and a third exists outside it. Choosing correctly at the outset avoids a transfer and the weeks that go with it.

Where a builder claim goes
ForumWhat it decidesTimeline
State RERA Authority (Section 31)Refund with interest, interest for delay, and contraventions of the ActTo be disposed of within 60 days
Adjudicating Officer (Section 71)Compensation claims under the specified provisionsTo be disposed of within 60 days
Real Estate Appellate TribunalAppeals from the Authority or the Adjudicating OfficerTo dispose of an appeal within 60 days
High CourtAppeal from the Appellate TribunalNo fixed period
Consumer CommissionDeficiency in service — a concurrent remedy90 to 150 days by statute; longer in practice

The Supreme Court held in Imperia Structures Ltd v. Anil Patni (2020) that RERA does not impliedly oust the jurisdiction of consumer fora, because Section 79 bars civil courts and a consumer commission is not one. The remedies are concurrent — but do not run the same cause in both at once.

Possession offered without an Occupancy Certificate

A common move near the end of a delay claim is an offer of possession on a building with no Occupancy Certificate. It looks like completion, it stops the clock in the promoter's narrative, and it puts you in a flat that cannot lawfully be occupied.

An Occupancy Certificate is issued by the local authority and certifies that the building was completed in accordance with the sanctioned plan and is fit for occupation. Without it, utility connections can be irregular, resale is impaired, and occupation is not lawful. An offer unaccompanied by a valid OC is generally not a valid offer of possession.

  • Ask for a copy of the Occupancy Certificate in writing before accepting any offer of possession.
  • Check that it covers your tower and floor, not merely some phase of the project.
  • If there is none, reply in writing that the offer is not accepted as a valid offer of possession, and say why.
  • Do not sign a possession letter with a blanket no-further-claims clause while delay interest is unpaid.
  • If you must take physical possession, add and initial "without prejudice to my claim under Section 18 for interest on the delay from [date] to [date]" and email the same wording the same day.
  • Dispute holding or maintenance charges levied for a period of the promoter's own delay, expressly and in writing.
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The no-further-claims signature

Possession letters routinely record that the allottee has no further claim against the promoter. Signing it with delay interest outstanding is the single most common way a well-documented RERA claim is lost. The reserving wording takes ten seconds and preserves everything.

Filing the complaint, and what it costs

  1. 1Verify the project's registration number on the state RERA portal, and identify the correct authority.
  2. 2Download the complaint form prescribed by your state — the form and the fee differ by state.
  3. 3Complete the form with the project details, the registration number, the promoter's details and the relief sought under Section 18.
  4. 4Attach the agreement for sale, the payment record, the RERA portal screenshot, the correspondence and the interest calculation.
  5. 5Pay the prescribed fee, which is modest and varies by state.
  6. 6File online where the state portal supports it, and keep the filing acknowledgement.
  7. 7Attend the hearings — most state authorities now list matters by video conference as well as in person.
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RERA does not prescribe an express limitation

The Act does not lay down a limitation period for a Section 31 complaint, and authorities have taken differing views. Do not treat that as an invitation to wait. A consumer complaint carries a firm two-year limitation, and delay damages any claim. Act promptly and take advice if significant time has already passed.

Worked examples

Example 1: The possession date is only in the brochure, not the agreement

Agreement for sale
Signed, but silent on a possession date
Brochure
Promised possession "within 36 months"
Booking application
Repeats the 36-month figure
Amount paid
₹47,00,000
  1. 1.Section 18 is triggered by failure to give possession by the date specified in the agreement for sale, so an agreement that names no date is the first problem to solve — not the interest calculation.
  2. 2.Collect every document that fixes the promised date: the booking application, the brochure and advertisements as they stood at booking, the allotment letter, and any demand letter that refers to a handover schedule.
  3. 3.Take a dated screenshot of the project page on the state RERA portal. The promoter declares a completion date there, and that declaration is its own statement to the regulator.
  4. 4.Where the agreement is silent, the promoter's own declared completion date and its marketing material become the evidence of what was promised.
  5. 5.Preserve the brochure as a physical copy or a dated PDF. Promoters withdraw marketing material once a project runs late, and a recollection of what it said is worth very little.
Result

The file is not incomplete because the interest is uncalculated; it is incomplete because the promised date is not yet pinned to a document. Fix that first, and the rest of the claim follows from it.

Example 2: Part of the payment went in cash and the receipts are missing

Total paid
₹31,00,000 claimed
By bank transfer
₹26,50,000, all traceable
In cash
₹4,50,000, receipts not retained
Demand letters held
Yes, for every instalment
  1. 1.Interest under Section 18 is computed on the amount actually paid, so every rupee you cannot evidence is a rupee that drops out of the claim.
  2. 2.Start from the bank side: statements showing each transfer to the promoter, matched against the promoter's demand letters instalment by instalment.
  3. 3.The demand letters are the recovery route for the cash component — a demand for a specific instalment, followed by the promoter proceeding as though it were satisfied, is circumstantial evidence that it was paid.
  4. 4.Ask the promoter in writing for a statement of account showing all receipts. A promoter that refuses to give one leaves the tribunal with only your figures.
  5. 5.Where a bank loan funded part of the price, the disbursement record from the lender is independent third-party proof.
Result

Claim ₹26,50,000 as the evidenced floor and pursue the ₹4,50,000 through the demand letters and the statement of account. Do not open with a figure you cannot document — it invites the promoter to attack the whole claim rather than the gap.

Example 3: The promoter revised its completion date on the portal last month

Original declared completion
December, two years ago
Portal now shows
A revised date, extended twice
Screenshot taken earlier?
No
Agreement date
Unaffected by the extensions
  1. 1.An extension granted on the portal does not rewrite the agreement for sale. Section 18 runs from the date specified in the agreement, not from the promoter's latest declaration.
  2. 2.Even so, the earlier declared date is useful corroboration, and it is now overwritten on the live page.
  3. 3.Recover it where you can: the allotment letter, the demand letters, and any correspondence in which the promoter itself cited the original schedule.
  4. 4.Screenshot the current page anyway, dated, including the extension history if the portal shows it. The fact of two extensions is itself part of the picture.
  5. 5.From here on, screenshot the project page at every stage of the dispute — it is the cheapest evidence in the file and the easiest to lose.
Result

Rely on the agreement for the date and use the portal history as corroboration. The lesson for anyone still waiting on possession is to capture the project page now, while it still says what it says.

More questions about this page

What documents do I need to file a RERA complaint?▼
The agreement for sale with all schedules, every payment receipt matched against bank statements, the project registration number and a dated screenshot of the project page on the state RERA portal, and the correspondence on the delay. Everything else — the allotment letter, brochures, demand letters, loan documents, photographs — is supporting material.
What can I claim if possession is delayed?▼
Section 18 of RERA gives you a choice: withdraw and claim the entire amount you paid with interest and compensation, or stay in the project and claim interest for every month of delay until possession. On top of either, claim documented consequential loss such as rent paid elsewhere and EMI serviced on a flat you could not occupy.
What interest rate applies to a delayed possession claim?▼
The Act leaves the rate to be prescribed, and most state RERA rules set it at the State Bank of India's highest marginal cost of lending rate plus 2% — broadly in the 10% to 12% range in practice. The rate moves with the MCLR, so check SBI's current figure on the day you calculate and state which rate and date you used.
How long does a RERA complaint take?▼
The Act requires a complaint to be disposed of within 60 days, whether before the Authority or the Adjudicating Officer, and the Appellate Tribunal is likewise to decide an appeal within 60 days. Where that is not possible the reasons must be recorded. Actual timelines vary by state authority, but RERA remains materially faster than the consumer route for a pure delay claim.
Can I file with RERA and the consumer commission at the same time?▼
The remedies are concurrent — the Supreme Court held in Imperia Structures v. Anil Patni that RERA does not oust consumer fora, since Section 79 bars civil courts and a commission is not one. But running the same cause in two forums invites a preliminary objection and wastes time. Choose the forum that gives you the relief you actually want.
Should I accept possession if there is no Occupancy Certificate?▼
Be very careful. An OC certifies the building was completed to the sanctioned plan and is fit for occupation; without it, occupation is not lawful and utilities and resale are impaired. An offer without a valid OC is generally not a valid offer of possession, so accepting it unqualified can stop your delay clock for nothing.
The possession letter says I have no further claims. Can I sign it?▼
Not as drafted, while delay interest is outstanding. Add and initial words reserving your Section 18 claim for the delay period with the dates, and email the same wording the same day so it is not only on a document the promoter keeps. An unqualified no-further-claims signature is the commonest way a strong delay claim is lost.
What if the project is not registered with RERA?▼
Non-registration is itself a contravention by the promoter, and the authority can act on it. Your own delay claim may be better pursued before a consumer commission in that situation, since RERA's machinery is built around registered projects. Take advice, but do not assume an unregistered project leaves you without a remedy.
Can I claim the rent I am paying while I wait?▼
Yes, as consequential loss, provided you document it. Annex the rent agreement and the rent payment proof for the delay period, and do the same for any pre-EMI or EMI serviced on a home loan for a flat you could not occupy. Claim these as specific evidenced amounts alongside the statutory interest, not as a general estimate.
The builder is charging holding charges for the delay period. Are they payable?▼
Dispute them expressly and in writing. Holding or maintenance charges levied for a period during which the promoter itself was in delay, or which are not supported by the agreement, should not be paid merely because they are demanded — and their payment should not be accepted as a precondition to inspection or possession.
Is there a time limit for a RERA complaint?▼
RERA does not prescribe an express limitation for a Section 31 complaint and authorities have taken differing views, so do not treat the absence of a stated period as an invitation to wait. A consumer complaint carries a firm two-year limitation from the cause of action. Act promptly and take advice if a lot of time has already passed.
Does GetNyay file the RERA complaint for me?▼
No. GetNyay drafts the notice and complaint documents from your facts, free, and you download them as Word or PDF and file them yourself with the state authority. GetNyay is not a law firm, does not appear before any RERA authority or commission, and cannot guarantee an outcome.

Official sources checked

The statutes, rules and regulator pages the statements on this page were checked against.

Disclaimer: GetNyay is an AI legal drafting platform, not a law firm. This checklist is for general consumer awareness and does not constitute legal advice. Document requirements may vary by state, forum, or specific case facts. Consult a qualified advocate for legal guidance specific to your situation.
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