How do I file a complaint against a builder before the RERA Authority under Section 31?
I want to file a formal complaint against my builder for construction defects and delay. What is the procedure under RERA Section 31? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.
How do I file a complaint against a builder before the RERA Authority under Section 31? is governed in India primarily by RERA Act 2016, Section 31, RERA Act 2016, Section 71 and RERA Act 2016, Section 43. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.
Section 31 allows any aggrieved allottee, promoter or real estate agent to file a complaint before the state Real Estate Regulatory Authority against violations of the Act, rules or regulations.
Complaints involving compensation claims are adjudicated by the Adjudicating Officer appointed under Section 71, while other regulatory complaints such as registration violations are decided by the Authority itself.
The complaint must be filed online or physically in the prescribed form along with a modest filing fee, the builder-buyer agreement, payment receipts and correspondence showing the grievance.
The Authority is expected to dispose of complaints as expeditiously as possible, and in any case within 60 days from the date of receipt, though timelines often extend in practice.
An order of the RERA Authority or Adjudicating Officer can be appealed to the Real Estate Appellate Tribunal under Section 43 within 60 days of the order.
What to do next: 1) Gather the registered agreement for sale, payment proofs and all builder correspondence; 2) File the complaint in the prescribed format on the state RERA portal with the requisite fee; 3) Attend the hearings before the Authority or Adjudicating Officer as scheduled; 4) File an appeal before the Appellate Tribunal within 60 days if dissatisfied with the outcome.
If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under RERA Act 2016, Section 31 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.
Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.