Why Indians Dealing with Property Disputes in India Need to Approach the RERA Authority for Justice

Property disputes can disrupt lives, drain finances, and cause prolonged stress. Many Indians face challenges such as delayed project delivery, defective construction, or non-transparent dealings with builders. If you find yourself stuck in such a situation, knowing your rights and approaching the right authority can make all the difference. This article explains why contacting the RERA authority can help resolve your property disputes efficiently and legally.

Legal Background: The Purpose of the RERA Authority

The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was enacted to regulate the real estate sector and protect consumer interests. Under this law, every Indian state and union territory has its own RERA authority India to oversee real estate transactions and resolve disputes.

The law mandates that all new projects and even ongoing projects without a completion certificate must be registered with the respective RERA authority. This provides a vital layer of transparency and regulation.

Key legal provisions of the RERA Act that empower you include:

• Section 3: Requires mandatory registration of all real estate projects with the RERA authority India.
• Section 12: Holds promoters liable for false or misleading advertisements.
• Section 18: Provides for a refund and compensation mechanism for delayed possession.
• Section 31: Gives aggrieved buyers the right to file a RERA complaint against builders and agents.

Common Real Estate Disputes in India and How RERA Helps

Here are some real-world problems that buyers and investors frequently face, and how the RERA authority provides a solution:

• Delayed Possession: A buyer in Thane booked a flat in 2017 with promised delivery by 2020. It’s now 2025, and the project is still incomplete. The builder claims “market conditions” as the reason. Under RERA, a buyer can either seek a full refund with interest or demand monthly interest payments until they receive possession.
• Project Plan Changes: A Navi Mumbai resident discovered that the promised clubhouse and garden were removed from the final layout without their consent. The RERA Act prohibits such changes without the approval of two-thirds of the allottees, empowering the buyer to file a RERA complaint and demand a resolution.
• Non-Refund of Booking Amount: A buyer canceled their booking within the cooling-off period but was denied a refund. The RERA authority India ensures that builders cannot arbitrarily withhold booking amounts, providing a legal route to reclaim your money.
• Defective Construction: After taking possession, a buyer discovers major structural defects or poor construction quality. The RERA Act makes the developer liable to rectify such defects within five years of possession, and if they fail, you can approach the RERA authority for justice.

Why You Should File a RERA Complaint

Approaching the RERA authority offers several advantages over traditional legal channels:

• Fast-track dispute resolution: RERA is a specialised forum with a legal mandate to resolve complaints within 60 days. This is significantly quicker than a civil court case, which can drag on for years.
• Transparent hearings: The proceedings are open and recorded, ensuring accountability for both parties.
• Legal enforcement: The authority has the power to issue binding orders, including penalties on builders for non-compliance.
• Compensation and refund mechanisms: RERA provides clear legal remedies, such as ordering a refund with interest or compensation for delays.

Practical Steps to File a RERA Complaint

Filing a RERA complaint is a straightforward process, but preparing properly is key to success.

• Gather Documentation: Collect every single document related to your purchase, including the builder-buyer agreement, all payment receipts, project brochures, and records of communication with the builder.
• Visit Your State’s RERA Website: Every state has its own RERA authority. For example, in Maharashtra, you’ll visit the MahaRERA portal.
• Register and File Complaint: You’ll typically need to create an account and fill out Form ‘A’ or ‘M’ online. The form will ask for details about the project, the builder, and your specific grievance. Upload all your supporting documents and pay the nominal fee, which is usually between ₹1,000 and ₹5,000.
• Attend Hearings: Once the complaint is filed, the RERA authority will schedule hearings. You can either represent yourself or hire a lawyer to present your case.

Legal Remedies Available Under the RERA Authority India

The remedies you can seek through a RERA complaint are comprehensive and aimed at making you whole again.

• Refund with Interest: If the builder delays possession, you can demand a full refund of the amount you paid, along with interest at the prescribed rate.
• Compensation: You can be awarded compensation for any financial loss or mental distress caused by the builder’s default.
• Penalty on Builder: The RERA authority can impose significant financial penalties on builders for non-compliance.
• Revocation of Registration: In extreme cases of repeated violations, the authority has the power to revoke a project’s registration, effectively halting all sales and construction.

Recent judgments by the RERA authority India and the Supreme Court have shown that the law is being applied proactively to penalise errant builders and ensure justice for homebuyers.

Things to Avoid & When to Seek Legal Help

When dealing with real estate disputes in India, it’s crucial to be smart and cautious.

• Don’t rely solely on verbal promises: Always get everything in writing.
• Avoid signing agreements without legal review: Many builder agreements have one-sided clauses that violate RERA guidelines.
• Don’t delay filing your RERA complaint: Timelines matter, and acting promptly strengthens your case.
• Don’t agree to private settlements that ask you to waive your rights without consulting a legal professional.

If your case involves large sums or complex builder fraud, consulting a legal expert is highly recommended. Legal professionals can help you navigate compliance, documentation, and representation before the RERA authority, ensuring you make the strongest possible case.

Conclusion: Be Proactive, Be Empowered

The RERA authority is a powerful tool for Indians facing real estate disputes in India. It offers timely justice, transparency, and legal remedies that were previously hard to access. Don’t wait for things to get worse take action, file your RERA complaint, and reclaim your rights.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Please consult a qualified legal professional for specific guidance.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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