BUILDER DISPUTES

Resolving Builder Disputes — RERA, Consumer Courts & Civil Remedies

When a builder fails to deliver on promises — whether delay in possession, substandard construction, illegal charges, or outright fraud — Indian law provides multiple enforcement avenues. The Real Estate (Regulation and Development) Act 2016 (RERA) governs registered projects. For unregistered projects and broader consumer rights, the Consumer Protection Act 2019 grants buyers access to Consumer Disputes Redressal Commissions at district, state, and national level (NCDRC).
At Bhardwaj Law Solutions, we assess your facts and choose the most effective forum — RERA Authority, Consumer Commission, civil court, or a combination — to maximize your recovery and minimize delay.
Legal frameworks we use:
  • RERA 2016 — for registered projects (delay, defects, plan changes)
  • Consumer Protection Act 2019 — deficiency of service claim before NCDRC / SCDRC
  • IPC / BNS provisions for cheating and criminal breach of trust where fraud is involved
TYPES OF BUILDER DISPUTES

RERA Forum vs Consumer Commission — Choosing the Right Path

RERA Authority (Registered Projects)

RERA is the preferred forum for disputes involving RERA-registered projects. Under Sections 31–40 of RERA 2016, the Authority can order refund, interest, compensation, and imprisonment of promoters for non-compliance. Orders are executable as civil court decrees (Section 40).

Key Features:

  • Faster resolution — RERA orders typically within 60 days of complaint
  • Project must be RERA-registered; check state RERA portal before filing
  • Appeal available before Real Estate Appellate Tribunal (REAT)
  • Criminal penalty up to 3 years imprisonment for willful non-compliance
Applicable When: Project is registered under RERA and dispute involves delay, defect, plan alteration, or forced illegal demands.

Consumer Commission (NCDRC / SCDRC)

Under the Consumer Protection Act 2019, purchase of a flat or plot constitutes a ‘service.’ Deficiency of service by a builder — delay, fraud, misrepresentation — is actionable before District / State / National Consumer Disputes Redressal Commissions based on claim value. NCDRC has jurisdiction where claim exceeds Rs. 2 crore.

Key Features:

  • Also available for unregistered / pre-RERA projects
  • Compensatory and punitive damages available beyond refund
  • Concurrent remedy — can run alongside RERA on different reliefs
  • Supreme Court holds that Consumer Commission jurisdiction not barred by RERA
Applicable When: Project is unregistered under RERA, or buyer seeks additional punitive damages and mental harassment compensation not available under RERA.
WHY CHOOSE US

What Sets Us Apart

Our firm combines decades of legal experience with a modern, client-first approach. We don’t just handle cases — we build lasting relationships based on trust and results.
  • Personalized attention to every case
  • Transparent communication at every step
  • Proven track record of successful outcomes
  • Experienced team of dedicated legal professionals
  • Free initial consultation for all new clients
THE PROCESS

Step-by-Step Process

Via RERA Authority

  • Step 1 — Verify project's RERA registration and review agreement terms
  • Step 2 — Send legal notice to promoter citing RERA obligations
  • Step 3 — File complaint before State RERA Authority with all documents
  • Step 4 — Hearing before RERA Authority / Adjudicating Officer
  • Final Outcome — Order for refund, interest, or compensation; execution if unpaid

Via Consumer Commission

  • Step 1 — Assess claim value to determine DCDRC / SCDRC / NCDRC jurisdiction
  • Step 2 — Compile evidence of deficiency of service (payment records, correspondence)
  • Step 3 — File consumer complaint with prescribed fees
  • Step 4 — Hearing and submissions before the Commission
  • Final Outcome — Compensation order including punitive damages and mental agony
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DOCUMENTS

Required Documents

Whether filing before RERA or a Consumer Commission, your case strength depends on the completeness of your document file. We conduct a gap analysis before filing.
  • Builder-buyer agreement / sale agreement and allotment letter
  • All original payment receipts and bank transaction records
  • RERA registration certificate and project number (from state RERA portal)
  • Brochure and advertising materials (if misrepresentation is alleged)
  • All correspondence with builder — emails, letters, WhatsApp chats
  • Site photographs showing construction status or defects
  • Identity proof of complainant (Aadhaar, PAN, passport)
  • Sanctioned building plan (obtained from municipal authority if builder refuses)
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