Key takeaway
If a builder has delayed possession or broken its promises, you can complain to the state RERA authority online, usually through an authorised representative. You can seek a refund with interest, or interest for the delay if you want to keep the flat.
When RERA applies
The Real Estate (Regulation and Development) Act, 2016 applies to registered projects and to ongoing projects that required registration. Each state has its own authority, portal and rules.
What you can ask for
- Refund with interest — if the promoter fails to give possession as agreed and you wish to withdraw (Section 18).
- Interest for delay — if you choose to stay in the project, for each month of delay until possession.
- Compensation — decided by the adjudicating officer (Section 71).
- Other relief — for structural defects, misrepresentation or failure to register the project.
In Newtech Promoters (2021) the Supreme Court held that the RERA authority can order refunds with interest, while compensation is for the adjudicating officer.
Step by step from abroad
- Collect the allotment letter, builder-buyer agreement, payment receipts and correspondence.
- Check the project’s registration and promised dates on the state RERA website.
- Sign an authority letter or power of attorney for a representative or lawyer.
- File the complaint online with the fee.
- Attend hearings, many of which are held online.
- Enforce the order if the builder does not comply.
Appeals
Orders can be appealed to the Real Estate Appellate Tribunal. A promoter appealing an order generally has to deposit a part of the amount ordered before the appeal is heard (Section 43(5)).
Other routes
- Consumer commissions — the Supreme Court has held that homebuyers may choose between RERA and consumer forums.
- Insolvency proceedings — in suitable cases, homebuyers may be financial creditors.
- Criminal complaint — where facts disclose cheating.
Documents to gather
- Allotment letter and builder-buyer agreement
- Payment receipts and bank statements
- Brochures, advertisements and emails
- Passport and OCI card
- Authority letter or power of attorney
Common mistakes
- Accepting a revised possession date without reserving your rights.
- Paying further instalments without documenting delays.
- Losing payment receipts.
Frequently asked questions
Can I file without coming to India?
Yes, most state portals accept online complaints and representatives can appear for you.
What interest will I get?
Interest is set by the state’s RERA rules, usually linked to a benchmark lending rate.
Is there a time limit?
Act promptly — delay can affect your claim and the builder’s ability to pay.
Related LegalCops services
References
- Real Estate (Regulation and Development) Act, 2016 — Sections 18, 31, 43, 71
- Newtech Promoters and Developers v. State of UP (2021)
- Consumer Protection Act, 2019
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
