RERA Complaint Format

BEFORE THE [STATE] REAL ESTATE REGULATORY AUTHORITY

Complaint No. _______ of 20__

IN THE MATTER OF:

[Your Full Name],
son/daughter/wife of [Father's or Husband's Name],
residing at [Your Complete Address, City, State – PIN]                ... COMPLAINANT

VERSUS

M/s [Promoter / Builder Name],
through its Managing Director / Authorised Signatory,
[Registered Office Address, City, State – PIN]
RERA Registration No. [XXXXXXXXXX — omit if the project is not registered] ... RESPONDENT

COMPLAINT UNDER SECTION 31 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT)
ACT, 2016

MOST RESPECTFULLY SHOWETH:

1. PROJECT PARTICULARS:
   • Project name          : [Project Name]
   • Project address       : [Location, City, State]
   • RERA registration No. : [XXXXXXXXXX, or "Not registered"]
   • Unit / Flat No.       : [XXX], Tower [X], [N] BHK, [Area] sq. ft.
   • Date of booking       : [DD/MM/YYYY]
   • Agreement for Sale    : dated [DD/MM/YYYY], registered vide Doc. No. [XXXX]
   • Total consideration   : Rs. [Amount]
   • Amount paid to date   : Rs. [Amount] ([XX]% of consideration)
   • Promised possession   : [DD/MM/YYYY] (as per clause [N] of the Agreement)
   • Grace period          : [N months, or "None"]
   • Possession fell due   : [DD/MM/YYYY — the promised date plus any grace
                             period that applies]
   • Delay as on date      : [NN] months

2. That the Complainant is an allottee within the meaning of Section 2(d) of the
   Act, having booked Unit No. [XXX] in the Respondent's project on [DD/MM/YYYY].

3. That the Complainant has paid a total sum of Rs. [Amount] to the Respondent in
   accordance with the payment schedule, each payment with its date and bank
   reference being set out in the statement annexed as ANNEXURE A-1.

4. That under clause [N] of the registered Agreement for Sale dated [DD/MM/YYYY],
   the Respondent undertook to hand over possession of the said unit on or before
   [DD/MM/YYYY] [, with a grace period of [N] months].

5. That possession accordingly fell due on [DD/MM/YYYY] [the promised date if
   there is no grace period; the end of the grace period if one applies].
   [If the Agreement has a grace period that does not apply to this delay, say
   why — for example, that it covers only force majeure and none occurred — and
   claim in the alternative from the end of the grace period.] Possession has
   not been offered to the Complainant as on the date of this complaint, and
   the project remains [incomplete / without an occupancy certificate].

6. [Use ONE of the two paragraphs below. Section 18(1) makes them alternatives.]

   [Remaining in the project:] That the Complainant does not intend to withdraw
   from the project. Under the proviso to Section 18(1) of the Act, the
   Respondent is liable to pay the Complainant interest for every month of
   delay, from [the date possession fell due] till the handing over of
   possession, at the prescribed rate.

   [Withdrawing from the project:] That the Complainant wishes to withdraw from
   the project. Under Section 18(1) of the Act, the Respondent is liable, on
   demand, to return the amount received in respect of the unit with interest
   at the prescribed rate, and under Explanation (ii) to Section 2(za) that
   interest runs from the date the Respondent received each payment listed in
   ANNEXURE A-1 till the date it is refunded.

7. [Include only if you wrote to the Respondent. A prior notice is not a
   precondition for a complaint under Section 31, but it is useful evidence;
   check your State RERA's procedure.] That the Complainant, by letter / notice
   dated [DD/MM/YYYY], called upon the Respondent to [hand over possession and
   pay interest for the delay / refund the amount paid with interest], to which
   the Respondent has [not replied / replied on [DD/MM/YYYY] declining the
   claim].

8. That this Hon'ble Authority has jurisdiction to entertain and decide this
   complaint as the project is situated within its territorial jurisdiction
   [and is registered with it].
   [If the project is not registered: That the project is not registered with
   this Authority although, to the best of the Complainant's knowledge, it is
   not exempt under Section 3(2) of the Act and required registration under
   Section 3(1).]

PRAYER:

It is therefore most respectfully prayed that this Hon'ble Authority may be
pleased to:

(a) [Remaining in the project:] Direct the Respondent to hand over possession
     of Unit No. [XXX] together with a valid occupancy certificate, and to pay
     interest at the prescribed rate for every month of delay from [the date
     possession fell due] till the date of handing over possession;
    OR
    [Withdrawing from the project:] Direct the Respondent to refund the entire
     amount of Rs. [Amount] paid by the Complainant, together with interest at
     the prescribed rate on each payment in ANNEXURE A-1 from the date of that
     payment till realisation;
(b) Grant the Complainant liberty to claim compensation under Sections 18
    and 71 of the Act before the Adjudicating Officer;
(c) Direct the Respondent to pay the costs of these proceedings; and
(d) Pass such further orders as this Hon'ble Authority may deem fit.

Place: [City]                                              [Signature]
Date : [DD/MM/YYYY]                                     [Your Full Name]
                                                            COMPLAINANT

VERIFICATION

I, [Your Full Name], the Complainant above named, verify that the contents of
paragraphs 1 to 8 above are true and correct to the best of my knowledge and
belief, and that nothing material has been concealed therefrom.

Verified at [City] on this [DD] day of [Month], 20[YY].

                                                            [Signature]
                                                        [Your Full Name]

LIST OF ANNEXURES:
A-1  Statement of each payment made, with its date and bank reference
A-2  Registered Agreement for Sale dated [DD/MM/YYYY]
A-3  Allotment letter and booking receipt
A-4  Payment receipts issued by the Respondent
A-5  [If sent] Letter / notice dated [DD/MM/YYYY], with proof of dispatch
A-6  Screenshot of the project's RERA registration page [if registered]

[The complaint form, the fee, the prescribed rate of interest and the filing
procedure are set by each State's RERA rules. Check your State RERA portal
before filing.]