NRI Builder Fraud & RERA
NRI Builder Fraud and RERA Lawyer in India
Legal help for NRIs and OCIs in the USA, UK, Canada, Australia, the UAE, Singapore and other countries who bought a flat, villa or plot in India and are facing delay, defects or fraud by the builder.
✓ RERA complaints for delay, refund and interest
✓ Consumer Commission cases against builders
✓ Criminal complaints for cheating and fraud
✓ Online filing and video hearings where available
Request a Call Back
Tell us the project, city and problem with your builder, and our team will call you back.
Common problems
Builder Problems NRIs Commonly Face
Many NRIs invest in Indian real estate from abroad and rely on the builder's promises. When things go wrong, distance makes it harder to act.
RERA
Your Rights as a Homebuyer Under RERA
RERA gives homebuyers specific rights against builders — and a dedicated authority in each state to enforce them.
Your key rights under RERA
The Real Estate (Regulation and Development) Act, 2016 requires most residential projects to be registered with the state RERA authority before they are advertised or sold.
If the builder fails to give possession as agreed, you can withdraw and claim a refund with interest, or stay in the project and claim interest for every month of delay (Section 18).
The builder cannot take more than 10% of the cost as advance without a written, registered agreement for sale (Section 13).
Plans and specifications cannot be changed without your consent, and major changes need the consent of two-thirds of the allottees (Section 14).
Structural defects reported within five years of possession must be fixed by the builder without charge (Section 14(3)).
How a RERA complaint works
• Complaint filed with the state RERA authority under Section 31 — most states accept online filing
• Claims for compensation are decided by the adjudicating officer under Section 71
• Hearings may be held online in many states
• Orders for refund and interest can be recovered as arrears of land revenue if unpaid
• Appeal to the Real Estate Appellate Tribunal, and then to the High Court
• A builder filing an appeal must usually deposit a large part of the amount ordered first
Where to file
Choosing the Right Forum
The best route depends on what you want — possession, refund, compensation or action against the builder.
Consumer Commission
A homebuyer can also file a complaint under the Consumer Protection Act, 2019 for deficiency in service.
The Supreme Court has held that RERA does not take away this remedy — the buyer can choose the forum.
The District, State or National Commission hears the case depending on the value paid for the flat.
Useful where a project is not registered under RERA, or for wider compensation claims.
Criminal and insolvency remedies
• Where there is deliberate deception, a criminal complaint for cheating and criminal breach of trust under the Bharatiya Nyaya Sanhita, 2023
• Complaints to the economic offences wing of the police in large frauds
• Homebuyers are treated as financial creditors under the Insolvency and Bankruptcy Code, 2016
• An insolvency application against a builder needs a minimum number of allottees of the same project to join
• In insolvency, buyers file their claims with the resolution professional
Our services
NRI Builder and RERA Legal Services
Legal assistance may be required for:
How the process usually works
1. Consultation on your documents and the best forum.
2. Legal notice to the builder, where useful.
3. Drafting and filing the complaint — online where the state allows.
4. Hearings before the authority or commission, with video appearance where permitted.
5. Execution of the order and recovery of the amount awarded.
Documents usually needed
• Allotment letter and agreement for sale
• Payment receipts and bank statements
• Brochure, advertisements and emails from the builder
• RERA registration details of the project
• Passport / OCI copies
• Power of Attorney, if someone in India will act for you
Keep every payment receipt and written communication from the builder — these are often the most important evidence in a RERA or consumer case.
Wherever you live
Builder and RERA Help for NRIs in Major Countries
You do not need to travel to India to take action against a builder. Much of the process can be handled from abroad.
Refunds received in India may be credited to your NRO or NRE account, subject to FEMA rules — please confirm with your bank.
Before you buy from abroad
Check the project's RERA registration number on the state RERA website.
Compare the approved plan with what the builder is promising.
Read the agreement for sale carefully, especially delay and cancellation clauses.
Pay only through banking channels and keep all receipts.
Get an independent title check of the land.
Warning signs of builder fraud
• No RERA registration, or a number that does not match the project
• Pressure to pay large amounts in cash or before an agreement
• Repeated changes to the possession date without explanation
• Construction stopped while demands for payment continue
• Refusal to share approvals, plans or the title documents
Hold Your Builder Accountable — From Wherever You Live
Speak to a real estate lawyer in India by phone or video about RERA, refunds and builder fraud.
The information on this page is general and is not legal advice. RERA rules, time limits and procedures differ from state to state and depend on the facts of each case — please consult a lawyer about your specific matter.