When possession slips, when the sanctioned plan changes, or when advertised promises are broken, the Real Estate (Regulation and Development) Act 2016 gives a structured remedy. AMLEGALS acts for both homebuyers and promoters — from the Section 31 complaint through adjudication, enforcement and appeal.
The Real Estate (Regulation and Development) Act 2016 transformed a sector long characterised by information asymmetry into a regulated market. Every covered project must be registered under Section 3; the promoter owes statutory duties under Sections 11 to 18; and the allottee has enforceable rights under Section 19. The complaint mechanism under Section 31 — before the State Authority or the adjudicating officer — is faster and more specialised than ordinary civil litigation.
The strategic question is rarely whether a remedy exists, but which forum, which relief, and how to enforce. Refund with interest or interest for delay. Authority or adjudicating officer. Single complaint or association action. The Supreme Court in Newtech Promoters (2021) and Imperia Structures (2020) confirmed that RERA remedies are concurrent with — not in substitution of — consumer and other forums, which creates both opportunity and the need for a deliberate forum strategy.
Preparation of the Section 31 complaint before the State Authority or adjudicating officer: pleadings, chronology of payments and correspondence, computation of interest under Section 18, and the prescribed fee and format for the relevant State RERA.
Structuring the relief — refund with interest where possession fails, or interest for the delay period where the allottee continues — and separate compensation claims under Section 71 before the adjudicating officer, with documentary proof of loss.
Representation for promoters: force majeure and genuine delay defences, allottee default and non-payment, challenge to quantum and interest rate, and settlement structuring to close multiple allottee complaints efficiently.
Coordinated complaints by associations of allottees, consolidation of parallel matters, and common relief strategy where an entire project or tower is affected.
Execution of RERA orders under Section 40 as arrears of land revenue, recovery certificates to the District Collector, and penalty proceedings under Section 63 for non-compliance.
Appeals to the Real Estate Appellate Tribunal under Section 44 and further appeals to the High Court under Section 58, including the promoter pre-deposit requirement under the proviso to Section 43(5).
Under Section 31 of the Real Estate (Regulation and Development) Act 2016, any aggrieved person may file a complaint with the Real Estate Regulatory Authority or the adjudicating officer for any violation of the Act, rules or regulations against a promoter, allottee or real estate agent. An "aggrieved person" includes allottees (homebuyers), associations of allottees, and in appropriate cases promoters affected by allottee default. The complaint is filed in the form and with the fee prescribed by the State RERA rules.
Depending on the facts, reliefs include: refund of the amount paid with interest under Section 18 where the promoter fails to deliver possession; interest for the period of delay where the allottee elects to continue in the project; compensation for loss caused by false advertisement under Section 12; rectification of structural defects under Section 14(3); and directions to comply with the sanctioned plan. Claims for compensation are decided by the adjudicating officer under Section 71, while other reliefs may be ordered by the Authority.
The Act does not prescribe a fixed limitation period for every complaint; a cause of action such as delayed possession is treated as continuing until possession is handed over. However, delay in approaching the forum can affect relief, and State rules and tribunal practice increasingly apply reasonable-time principles. For structural defect claims, Section 14(3) prescribes a five-year window from the date of possession. Timely filing with complete documentation is advisable.
The Real Estate Regulatory Authority (Section 20) is the regulator that registers projects, decides complaints relating to violations of the Act, and issues directions. The adjudicating officer (Section 71), appointed by the Authority in consultation with the State Government, decides claims for compensation and interest under Sections 12, 14, 18 and 19. The Supreme Court in M/s Newtech Promoters (2021) clarified this division — refund of amount with interest under Section 18 can be ordered by the Authority, while adjudged compensation falls to the adjudicating officer.
Under Section 40, interest, penalty or compensation not paid under a RERA order is recoverable as an arrear of land revenue. Many orders directing payment to allottees are treated as recovery certificates issued to the District Collector. In addition, the Authority may impose penalties for non-compliance under Section 63 (up to 5% of the estimated project cost for every day of default, in aggregate). Separate execution before the adjudicating officer and the Collector is often pursued in parallel.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.
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