The Two RERA Forums — Which One Do You Use?
RERA created two separate dispute resolution bodies — understanding which forum applies to which complaint is the first and most important step:
🏛️ RERA Authority
File here for:
→Possession delayed — developer in violation
→Developer not complying with RERA obligations
→Project not registered but being marketed
→Agent violations (misrepresentation, no registration)
→Developer refusing to register or renew
→Non-compliance with ATS terms
→Refund claim under Section 18 — withdrawal from project
Legal basis: Sections 31–40
⚖️ Adjudicating Officer
File here for:
→Compensation for false information — Section 12
→Compensation for structural defect not rectified — Section 14(3)
→Interest calculation under Section 18
→Damages caused by developer/agent violations
→Quantified financial loss due to RERA violation
→Breach of ATS where monetary loss is claimed
Legal basis: Sections 71–72
Can You File Both Simultaneously?
Yes. In many situations, a buyer may file a complaint with the RERA Authority (for possession violation and refund) and simultaneously apply to the Adjudicating Officer (for compensation for losses caused by the delay). The two forums are separate — outcomes in one do not automatically bind the other, but they can be coordinated to maximise the buyer's recovery.
RERA Authority Complaints — Who Can File
Under Section 31, any of the following can file a complaint with the RERA authority:
Allottee (buyer)
Any person who has entered into an ATS with a developer for an apartment, plot, or building
Promoter (developer)
Against another promoter or an allottee for breach of ATS obligations
Real estate agent
Against a promoter or allottee for any RERA violation in the transaction
Any aggrieved person
Any person who has suffered from a RERA violation — even if not formally an allottee yet
State RERA Authority suo motu
The authority itself can initiate proceedings — no complaint needed
Resident welfare associations
In some states, RWAs can file on behalf of multiple allottees
Documents Required for a RERA Complaint
Mandatory Documents
→Complaint form (from state RERA portal)
→Copy of registered ATS / Builder Buyer Agreement
→Copy of allotment letter
→All payment receipts (every installment)
→RERA project registration details (printout from portal)
→Identity proof of complainant (Aadhaar/PAN)
→All correspondence with developer (emails, letters, WhatsApp screenshots)
Supporting Documents
→Site visit photographs with dates
→QPR screenshots showing delays or discrepancies
→Demand letters received from developer
→Loan sanction letter and disbursement details (if home loan)
→Bank statements showing payment dates
→Legal notice sent to developer (if any)
→Photographs of structural defects (for quality complaints)
Step-by-Step Filing Process
1
Identify the cause of action
What exactly has the developer (or agent) done wrong? Define the violation — delayed possession, refund refused, false information, quality defect — and identify the RERA section that was violated. This defines which forum and what relief you seek.
2
Send a legal notice to the developer first (recommended)
While not legally mandatory, sending a registered legal notice to the developer before filing gives them an opportunity to respond. If they ignore it or respond unsatisfactorily, the notice becomes important evidence in the complaint.
3
Go to the state RERA portal
Find the "File a Complaint" or "Grievance" section. Most major state portals (MahaRERA, HRERA, UP-RERA, RERA Punjab) have online complaint filing systems. Some states still require physical filing — check your state's process.
4
Complete the complaint form
Complaint details: who you are, who the developer is, the RERA project registration number, the specific violation, the relief you seek (refund with interest / delay interest / compensation / possession order).
5
Attach all supporting documents
Scan and upload all documents. File size limits apply — compress if necessary but maintain legibility. Incomplete documents are the most common reason for complaint delays.
6
Pay the filing fee
Most states charge a nominal fee for RERA complaints. MahaRERA: approximately ₹5,000 for individual complaints. HRERA: varies. Some states have no fee for allottees.
7
Submit and receive acknowledgment
Note your complaint number and submission date. This is your reference for all future correspondence.
8
Attend hearing dates
RERA authority will schedule hearing dates and notify both parties. Attend personally or through a legal representative (advocate). RERA hearings are typically informal compared to court proceedings.
9
Receive the order
RERA authority passes orders after hearing both sides. Orders can include: possession direction, refund with interest, penalty on developer, or dismissal. Timelines vary — typically 60 days for simple complaints.
10
Appeal if needed
If unsatisfied, file appeal at RERA Appellate Tribunal within 60 days of the order.
State-Specific Complaint Portals
State
Complaint Portal
Filing Mode
Maharashtra (MahaRERA)
maharera.maharashtra.gov.in → Complaints
Online — comprehensive
Haryana (HRERA)
hrera.org.in → File Complaint
Online + physical option
Punjab (RERA Punjab)
rera.punjab.gov.in
Online
Uttar Pradesh (UP-RERA)
up-rera.in → Complaints
Online
Karnataka (K-RERA)
rera.karnataka.gov.in
Online
Rajasthan
rera.rajasthan.gov.in
Online
Tamil Nadu
tnrera.in
Online
Gujarat
gujrera.gujarat.gov.in
Online
The Agent's Role in a Buyer's RERA Complaint
When a buyer who purchased through your facilitation files a RERA complaint against the developer, your role is nuanced:
What You Should Do
✓ Guide the buyer on their Section 18 rights before they file — explain both options
✓ Help them compile documents — especially payment receipts and RERA portal screenshots
✓ Provide copies of the original RERA verification you did at the time of recommendation
✓ Support the buyer through the process — this builds long-term trust and referrals
✓ If asked by RERA authority for your records — produce them completely and promptly
What to Avoid
✗ Do not advise a buyer NOT to file a complaint to protect your developer relationship
✗ Do not misrepresent the complaint process to discourage the buyer
✗ Do not destroy or conceal records if RERA investigation is underway
✗ Do not coach the buyer on what to say — that could become obstruction
✗ If you are named as a respondent — take legal advice immediately
Frequently Asked Questions
Can a buyer file a RERA complaint even if the developer has an arbitration clause in the ATS?
Yes. RERA rights cannot be excluded by private contract. An ATS clause requiring arbitration does not prevent a buyer from filing with RERA — the RERA authority has jurisdiction regardless. ATS arbitration clauses that purport to exclude RERA are unenforceable for RERA violations.
How long does a RERA complaint take to resolve?
RERA authority must endeavour to decide complaints within 60 days (Section 29(3)). In practice, timelines range from 3–6 months for routine possession complaints at active authorities (MahaRERA, HRERA) to 12+ months at less-resourced authorities. Complex cases take longer.
Does a buyer need a lawyer to file a RERA complaint?
No. RERA was designed to be accessible without legal representation. Many buyers file successfully without lawyers, especially for straightforward possession delay complaints. For complex cases (multiple violations, large compensation claims, developer insolvency), legal representation is advisable.
Can a buyer file against both the developer and the agent?
Yes. If the agent misrepresented information that led to the booking, or violated Section 10(c), the buyer can name both the developer (before RERA Authority for possession/refund) and the agent (before RERA Authority for agent violations).
What happens if the developer ignores the RERA order?
The authority can initiate recovery proceedings — treating the unpaid amount as an arrear of land revenue. This allows direct recovery through government machinery. The developer also risks registration cancellation under Section 7 for continued non-compliance.
Be the Agent Who Protects Buyers
CREP™ covers the full RERA dispute resolution framework — RERA Authority, Adjudicating Officer, Appellate Tribunal — so you can guide buyers accurately when they need it most.