The Real Estate (Regulation and Development) Act, 2016 (RERA) gives homebuyers a dedicated forum against builders. In Uttar Pradesh, complaints are filed before the Uttar Pradesh Real Estate Regulatory Authority (UP RERA).
Who can complain
Any aggrieved person — usually an allottee (homebuyer) — can file a complaint under Section 31 about a violation of the Act, the rules or regulations by a promoter, allottee or real estate agent. Most projects where the land exceeds 500 square metres or which have more than eight apartments must be registered with RERA.
Common grounds
- Delay in handing over possession
- Construction not as per the sanctioned plan or agreement
- Structural or quality defects after possession
- Failure to execute the conveyance deed
- Diversion of funds or unregistered projects
Remedies available
Under Section 18, if the promoter fails to give possession as agreed, the buyer can choose either to:
- withdraw from the project and claim a refund with interest; or
- stay in the project and claim interest for every month of delay until possession.
Claims for compensation are decided by the Adjudicating Officer under Section 71.
How to file
- Send a written notice to the builder, setting out your grievance.
- Check the project's registration details on the UP RERA website.
- File the complaint online on the UP RERA portal in the prescribed format, with the fee.
- Attend hearings (physically or virtually) and file replies as directed.
Documents needed
- Allotment letter and builder–buyer agreement
- Payment receipts and bank statements
- Correspondence with the builder
- Project registration number
- Photographs and inspection reports (for defect claims)
After the order
An order of UP RERA can be appealed before the Uttar Pradesh Real Estate Appellate Tribunal, ordinarily within 60 days. If the builder does not comply with an order, RERA can recover the amount as arrears of land revenue through a recovery certificate.
Disclaimer: This article is general information about Indian law and is not legal advice. Laws, rules and court rulings change, and your situation may differ. Please consult an advocate before acting.
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