For the Indian home-buyer, the Real Estate (Regulation and Development) Act, 2016 (RERA) is the strongest legal weapon available to enforce builder accountability — covering possession delay, refund of paid amounts, plan changes without consent, mis-selling, false advertising, escrow violations, and quality defects. Whether you have booked an apartment, plot, villa, or commercial unit on MahaRERA, Karnataka RERA, UP RERA, HARERA Gurugram, Telangana RERA, Tamil Nadu RERA, Delhi RERA, Gujarat RERA, West Bengal RERA, or any other state authority, RERA provides a fast, low-cost, and structured grievance forum that has decided lakhs of homebuyer complaints across India.
Our RERA consultancy services for buyers / allottees help individual home-buyers, NRI investors, allottee committees, and homebuyer associations navigate the entire dispute lifecycle — from pre-purchase project verification on the State RERA portal, due diligence on RERA registration number, escrow account, Form 1/2/3 status, and promoter track record — to Section 31 complaint filing for possession delay, refund, interest, plan changes, and builder fraud, Section 18 refund and interest claims at the prescribed rate (typically SBI MCLR + 2%), Section 14 plan-change challenges, agreement-for-sale review, allottee committee formation, and appeals before the Real Estate Appellate Tribunal (REAT) and the High Court. We also handle the RERA + IBC interplay where allottees are financial creditors under the IBC framework following the Supreme Court's recognition of homebuyer rights, and execution of RERA orders against defaulting builders.
Builder failing to give possession on the date promised in the AFS — Sec 18 refund or continuation with interest at SBI MCLR + 2% from the original committed date.
Allottee opting to exit due to delay or builder default — recovery of full booking amount + EMIs paid, with interest at the prescribed rate, plus litigation cost.
Builder altering layout, common areas, FSI, or specifications without two-thirds allottee consent — Sec 14 challenge, restoration order, or refund with interest.
Brochure / sample-flat / website promises (clubhouse, garden, school, metro proximity) not delivered — Sec 12 mis-leading advertisement claim with damages.
Group of allottees forming a committee for collective complaint — uniform AFS issues, common defects, possession delay across building / project, and joint REAT / NCLT action.
NRI investors facing possession delay, FEMA repatriation issues, or remote-handling challenges — RERA filing through POA, foreign-currency refund coordination, FEMA review.
Right to obtain information on sanctioned plans, layout plans, specifications, stage-wise completion, water / sanitation / electricity arrangements, and project timeline.
No promoter can accept more than 10% of the apartment / plot cost as advance / application fee from any allottee without entering into the Agreement for Sale.
No material change to sanctioned plans / specifications, common areas, or apartment plans without prior written consent of two-thirds of allottees.
If the promoter fails to deliver possession by the promised date, the allottee can either withdraw and claim refund + interest, or continue and claim interest for delay till handover.
Any structural defect or workmanship / quality issue brought to the promoter's notice within 5 years from possession must be rectified at the promoter's cost within 30 days.
Right to know stage-wise progress, possession date, common-area handover, and to form an Association of Allottees / Society for taking over common areas and management.
Any aggrieved allottee can file a complaint before the State RERA Authority or the Adjudicating Officer with low filing fees, simple form, and lawyer-optional representation.
Order of the State RERA / Adjudicating Officer is appealable to the Real Estate Appellate Tribunal (REAT); REAT order is appealable to the High Court under Sec 58.
Project due diligence on State RERA portal — registration number, validity, escrow account, Form 1/2/3 status, builder track record, complaint history, and red-flag analysis.
Clause-by-clause review of builder's AFS — possession date, payment schedule, plan-change clauses, force-majeure, defect liability, and exit clauses; redlines and negotiation support.
End-to-end Sec 31 complaint preparation — facts, grounds, prayers, evidence index, and online filing on State RERA portal; affidavit notarisation and follow-up.
Refund computation including booking amount, EMIs paid, stamp duty / GST, plus interest at SBI MCLR + 2% from each payment date — full claim build-up.
Election strategy between continuing with project (interest only) vs withdrawing (refund + interest) — analysed with current market value, builder solvency, and timeline.
Challenge to material plan changes done without two-thirds consent — restoration / refund claim, evidence pack, and Sec 31 complaint workflow.
Representation before State RERA Adjudicating Officer / Authority — written submissions, oral arguments, evidence-leading, and cross-examination of builder representatives.
Appeal before Real Estate Appellate Tribunal under Sec 43 — appeal memorandum, statutory deposit (typically 30%), grounds, and oral arguments till final order.
Coordination of allottee committees for class action — group identification, common cause framing, cost-sharing structure, and unified Sec 31 / NCLT strategy.
Execution of RERA / REAT refund orders — recovery proceedings, attachment of builder properties, escrow attachment, and police / collector liaison where required.
Where the builder is in IBC, allottees are financial creditors under Sec 5(8)(f) IBC — CoC representation, Sec 7 application, resolution-plan voting, and parallel RERA strategy.
POA-based RERA filing for NRIs, FEMA repatriation of refund, NRO / NRE account routing, TDS u/s 195 compliance, and remote hearing coordination.
Pre-purchase verification of RERA number, escrow status, Form 1/2/3 progress, and builder track record — single-most-important due-diligence step before paying booking amount.
Builder demanding more than 10% of unit cost before signing AFS — direct violation of Sec 13; basis for legal pushback and bargaining for AFS execution.
Original possession date in AFS has lapsed without handover — Sec 18 right activated; election between refund + interest or continuation + interest from each EMI date.
Builder changing layout, common areas, FSI, or specifications without two-thirds allottee consent — restoration or refund claim under Sec 14.
Promised clubhouse, garden, swimming pool, school, metro proximity, or branded fittings absent in delivery — Sec 12 mis-leading advertisement claim with damages.
Structural cracks, water seepage, electrical failures, or workmanship issues within 5 years of possession — Sec 14(3) defect liability claim with 30-day fix.
Builder in IBC, project stalled, allottees as financial creditors under Sec 5(8)(f) — CoC participation, RERA + IBC parallel strategy, and resolution plan voice.
RERA / REAT refund order unexecuted by builder — recovery proceedings, attachment of builder's escrow / properties, and police / collector liaison.
Document review, possession-date and payment timeline reconstruction, builder profile check, RERA portal status review, and strategy memo.
Legal notice to builder seeking refund / handover with interest, providing evidence base and prompting settlement before formal complaint.
Drafting facts, grounds, prayers, computation of refund / interest, evidence pack, online filing on State RERA portal, and affidavit notarisation.
Hearing representation, written submissions, evidence-leading, cross-examination, oral arguments, and follow-through till final order.
Execution of refund order, attachment of builder property / escrow, recovery proceedings; or REAT / High Court appeal where the order needs challenge.
Partner with our buyer-side RERA specialists for end-to-end allottee protection — pre-purchase verification, AFS review, Sec 18 refund / interest claims, Sec 31 complaints, REAT appeals, and order execution for FY 2026–27.
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