RERA Complaint — Builder Delay, Refund and Your Section 18 Choice
Section 18 gives you an election, not a single remedy: walk away with refund plus interest, or stay and take interest for every month of delay. Choosing deliberately is the whole game.
- Who to contact first
- The Real Estate Regulatory Authority of the state where the project is registered — RERA is a state-level authority, so there is no single national portal.
- How to reach them
- File with your state RERA. Complaints under section 31 go to the Authority; compensation claims go to the adjudicating officer under section 71.
- How long to wait
- Complaints are to be disposed of within 60 days under the RERA Act, 2016.
- If they ignore you
- RERA does not oust the consumer fora — the Supreme Court held in Imperia Structures v. Anil Patni (2020) that the remedies are concurrent, so a consumer commission remains open.
Official source · last verified 2 September 2026 — Real Estate (Regulation and Development) Act, 2016. GetNyay is not affiliated with, endorsed by, or acting for any government department.
Where the promoter fails to give possession as agreed, section 18 gives you an election. You may withdraw from the project and take a refund of what you paid with interest — or you may stay and claim interest for every month of delay until possession is handed over. These lead to very different outcomes, and the choice is yours to make deliberately at the point of filing. Decide which one you actually want before you draft, because the complaint has to ask for it.
Generate a RERA complaint letter — free, Word & PDF
Answer a few questions and GetNyay drafts the complete letter with your registration number, an evidence checklist and the escalation timeline filled in. No payment, no signup.
Word & PDF · No signup
All contact channels
Every channel below was read on an official page. Contact details change — the source for each is linked in the verification footer at the end of this page.
The escalation ladder, level by level
Work through these in order. Every forum above asks what you did below, and skipping a rung is the commonest reason a complaint is sent back.
- 1Builder / promoterWait As per the agreement for sale
The promoter, in writing.
The allotment letter, the agreement for sale, the promised date of possession and the payments made with dates.
- 2State RERA AuthorityWait 60 days for disposal
The state Real Estate Regulatory Authority, under section 31.
The registration number of the project, the agreement, the payment schedule and what you are electing under section 18.
- 3Adjudicating officerWait As directed
The adjudicating officer under section 71, for compensation.
Proof of the loss claimed, over and above the interest entitlement.
- 4Consumer Commission — e-JagritiWait Two years from the cause of action
The consumer commission, concurrently.
e-jagriti.gov.in
The agreement and payment proof. Imperia confirms RERA does not oust the consumer fora, but do not run the same relief in both at once.
How the process runs
- 1Check the project’s RERA registration
On your state authority’s portal. An unregistered project is itself a serious contravention worth stating.
then: then decide your section 18 election - 2Choose: refund with interest, or interest for the delay
Withdraw and be repaid with interest, or stay and take interest for every month until possession. Ask for the one you want.
then: then file - 3File with the state Authority under section 31
Complaints are to be disposed of within 60 days under the Act.
then: for compensation beyond interest - 4Adjudicating officer under section 71
A compensation claim goes to the adjudicating officer, which is a different route within RERA from a direction to the promoter.
then: concurrently if appropriate - 5Consumer commission
Imperia confirms the remedies are concurrent — but do not run identical relief in both at the same time.
What this system will not take up
Filing one of these wastes the whole period — it is closed on that ground alone.
- Anything pending before a court on the same relief.
- Projects outside the scope of RERA registration.
- A dispute purely between two buyers, or a resale transaction between individuals.
- Construction quality issues that the agreement does not address and that no standard covers.
What to have ready before you complain
Assemble these first. A complaint that opens with the identifying numbers gets routed; one that opens with how long this has been going on gets a template reply.
- The RERA registration number of the project.
- The allotment letter and the agreement for sale.
- The promised date of possession as stated in the agreement.
- Every payment made, with dates and receipts.
- Bank loan documents, where the purchase was financed.
- Correspondence with the promoter about the delay.
Timelines at a glance
How long to wait at each stage, and where that period comes from.
| Stage | Window | Where it comes from |
|---|---|---|
| RERA complaint disposal | 60 days | Real Estate (Regulation and Development) Act, 2016 |
| Section 18 election | On failure to give possession as agreed | Refund with interest, or interest for every month of delay until possession |
| Consumer complaint | Two years from the cause of action | Consumer Protection Act, 2019 |
Common complaints handled here
Who runs this, and who is above it
State Real Estate Regulatory Authorities under the RERA Act, 2016
RERA is deliberately state-level: each state constitutes its own Authority and runs its own portal, and the correct one is the state where the project is registered rather than where you live. The Act requires complaints to be disposed of within 60 days, which is fast by Indian standards and a good reason to use it.
https://indiacode.gov.in/handle/123456789/496051 →If they ignore you — where to go next
What each forum costs and what it needs before it will take your case.
For a compensation claim over and above interest.
Remedies are concurrent under Imperia Structures v. Anil Patni (2020) — but do not pursue identical relief in both simultaneously.
Frequently asked questions
Where do I file a RERA complaint?
With the Real Estate Regulatory Authority of the state where the project is registered — not the state you live in. RERA is deliberately state-level and each state runs its own authority and portal, so search for your state’s RERA. There is no single national filing portal, which is the first thing that confuses buyers.
What can I claim if possession is delayed?
Section 18 of the RERA Act, 2016 gives you an election. You may withdraw from the project and take a refund of the amount paid with interest, or you may continue and claim interest for every month of delay until possession is handed over. They are alternatives, and you have to choose — so work out which outcome you actually want before drafting the complaint.
How long does a RERA complaint take?
The Act requires complaints to be disposed of within 60 days, which is fast compared with most Indian forums and is one of the strongest arguments for using RERA rather than a court for a delay claim. Whether your state authority holds to it varies, but the statutory period is a legitimate thing to press in correspondence.
Can I go to a consumer commission instead of RERA?
Yes. In Imperia Structures Ltd v. Anil Patni (2020) the Supreme Court held that RERA does not oust the jurisdiction of the consumer fora and the remedies are concurrent. Choose based on what you want and how fast: RERA has the 60-day disposal requirement and specialist familiarity with real estate; a consumer commission can award compensation for deficiency in service. Do not run identical relief in both at once.
What is the difference between section 31 and section 71?
A complaint under section 31 goes to the Authority and seeks a direction against the promoter — typically refund with interest or interest for the delay. A claim for compensation goes to the adjudicating officer under section 71. They are different routes within RERA, and asking the wrong one for the wrong thing costs time, so be clear whether you want a direction or compensation.
The project is not registered with RERA at all. What then?
That is itself a serious contravention and worth stating prominently, because registration is the foundation of the entire scheme. Raise it with the state Authority — non-registration is a matter the Authority can act on independently of your individual grievance, and it materially strengthens the complaint about the delay.
Letter and notice formats
Full sample letters you can adapt, or generate your own with your facts filled in — free.
Related escalation guides
Every contact detail on this page was read on an official page — primarily Real Estate (Regulation and Development) Act, 2016. Government contact details change without notice. If something here is out of date, tell us and we will check it.
What we deliberately left blank (3)
- — State RERA portal addresses and filing fees, which differ by state — search for your own state’s authority.
- — The rate of interest payable, which is prescribed by state rules.
- — Whether a particular project falls within RERA registration, which depends on its size and date.