In India, where you file a complaint regarding real estate, building, or property issues depends on the nature of your grievance and the location where you reside.
Whether it’s a developer delaying possession of your dream home, having structural faults in your newly built apartment, or facing discrepancies in property ownership, knowing where to file a complaint may resolve your real estate disputes.
These are two government authorities where you can approach to lodge your complaints:
1. Real Estate Regulatory Authority (RERA)
Established in 2016, RERA acts as a regulatory authority in each state, protecting the rights of homebuyers. If your grievance pertains to a registered project under RERA, you can lodge your property grievance to the respective state RERA. Here are some common issues you can file a complaint about:
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Delayed Possession: Facing a wait beyond the promised handover date? RERA can help ensure the builder adheres to the stipulated timeline as per the standard guidelines.
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Plan Deviations: Did the builder deviate from the approved blueprints, compromising the layout or amenities of your property? RERA can hold them accountable for delivering what was promised.
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Agreement Violations: If the builder is failing to fulfil obligations outlined in the builder-buyer agreement, RERA can intervene to ensure adherence to the terms.
Filing a Complaint with RERA:
The process is designed to be accessible. You can file a complaint with the RERA authority or adjudicating officer of your state. Most states offer online portals for convenient filing, although in-person submissions are also an option.
Each state’s RERA website provides specific guidelines and downloadable complaint forms according to your grievance category.
Websites of some state RERA are:
2. Consumer Court (NCDRC)
While RERA is a powerful authority, it only applies to registered projects. If your property issue falls outside the purview of RERA, don’t despair. Consumer courts (National, State, and District), also known as the Consumer Disputes Redressal Commission, have broader jurisdiction for addressing grievances against builders and developers. Examples of some issues you can bring before the consumer court:
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Faulty Construction: Encountering structural problems, leaks, or poor-quality materials compromising the integrity of your property? Consumer courts can help you seek compensation for repairs or rectification.
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Misleading Advertisements: Were you lured into purchasing a property based on false promises or exaggerated amenities? The Commission can penalize developers for deceptive marketing practices.
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Unfair Charges: Facing hidden charges or discrepancies in the final cost compared to the initial agreement? The courts can ensure fair and transparent billing practices to save you from paying such charges.
You can file an appeal online to the consumer court through the E-DAAKHIL (https://edaakhil.nic.in) portal.
For more help, read, How to Appeal to National Consumer Commission (NCDRC)
The Right Court Level:
The value of your claim for your property dispute determines the appropriate consumer court level. District courts handle claims up to a specific limit, while state and national consumer courts address higher-value claims. See the below table:
| Consumer Court | Claim Value (₹) |
|---|---|
| District Commission | Up to 1 Crore |
| State Commission | 1 crore – 10 crore |
| National Commission | Above 10 crore |
Tips: Also, know what documents you should provide to the consumer court.
Taking Legal Action
If your property disputes remain unresolved after pursuing both RERA and the consumer courts, you may need to escalate the matter through legal action. This is what you may do:
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Consult a Real Estate Lawyer: Seek guidance from a lawyer specializing in real estate disputes. They can assess your case, recommend the most effective legal course of action, and represent you in court.
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File a Case: Based on your lawyer’s advice, you may file a lawsuit against the builder or developer in a civil court.
Note: Legal action can be a complex, costly, and time-consuming process. However, if all other avenues are exhausted, it can be a necessary step to protect your rights and secure a fair resolution.
Remember:
- Provide Evidence: When filing a complaint, strengthen your case by gathering factual evidence like agreements, receipts, communication records, and photos documenting the issue.
- Legal Help: While the complaint process itself can be navigated independently, consulting a lawyer specializing in real estate can provide valuable strategic and legal advice throughout the process.
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