RERA CASES

Understanding RERA and Your Rights as a Home Buyer

The Real Estate (Regulation and Development) Act 2016 (RERA) was enacted to bring accountability and transparency to India’s real estate sector. RERA mandates registration of all real estate projects above a threshold with the state RERA Authority, requires quarterly updates on project progress, and grants buyers enforceable rights to claim possession, refund, or interest for delays.
At Bhardwaj Law Solutions, we represent home buyers before the Delhi RERA Authority (DRERA) and the Real Estate Appellate Tribunal (REAT), pursuing claims for delayed possession, refund with interest, and compensation for structural defects — ensuring builders are held to every obligation they committed to in the registered agreement.
Key protections under RERA 2016:
  • Section 18 — Right to refund with interest on project delay
  • Section 14 — Builder cannot alter sanctioned plans without buyer consent
  • Section 31 — Any aggrieved person can file complaint before RERA Authority
TYPES OF RERA CLAIMS

Key RERA Remedies Available to Buyers

Delayed Possession Claim

Under Section 18 of RERA 2016, if a promoter fails to complete the project by the agreed date, the allottee can withdraw and claim full refund with interest at the SBI MCLR rate plus 2%, or elect to continue and receive monthly interest until possession is handed over.

Key Features:

  • Complaint filed before the state RERA Authority (e.g., Delhi RERA)
  • Interest runs from the promised possession date to actual handover
  • Refund + interest enforceable as a decree within 60 days of order
  • Appeal lies before the Real Estate Appellate Tribunal (Section 44)
Applicable When: Builder has missed the RERA-registered completion date and is not responding to demands for possession or a clear revised timeline.

Structural Defect & Plan Alteration

Section 14(3) of RERA imposes a 5-year structural defect liability on the promoter after possession. Section 14(2) prohibits material alterations to sanctioned plans without written consent of 2/3rd of allottees and prior RERA Authority approval.

Key Features:

  • Promoter must repair defects within 30 days of notice
  • Failure to repair entitles buyer to compensation under Section 14(3)
  • Any plan change without consent is a RERA violation attracting penalty
  • Complaint can be filed before RERA Authority within 5 years of possession
Applicable When: Builder has delivered possession but the construction has defects (leakages, cracks, substandard materials) or has made unauthorized changes to the approved plan.
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

For Delay / Refund Complaint

  • Step 1 — Review of allotment letter, builder-buyer agreement, and RERA registration
  • Step 2 — Legal notice to promoter demanding possession or refund
  • Step 3 — Filing complaint before State RERA Authority (Form M)
  • Step 4 — Hearing, evidence, and arguments before RERA Adjudicating Officer
  • Final Outcome — RERA order for refund + interest; enforced as decree if unpaid

For Defect / Plan Change Complaint

  • Step 1 — Document defects with photographs, engineer's report, and written complaints
  • Step 2 — Written notice to builder citing Section 14(3) and demanding repair
  • Step 3 — RERA complaint if builder fails to repair within 30 days
  • Step 4 — RERA Authority examination and compensation order
  • Final Outcome — Compensation awarded; appeal to REAT if order is unsatisfactory
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DOCUMENTS

Required Documents

A strong RERA complaint is built on documentary evidence. Our team helps you compile and present a complete case file before the RERA Authority.
  • Builder-buyer agreement / allotment letter
  • RERA project registration certificate and registration number
  • All payment receipts and demand letters from builder
  • Correspondence with builder (emails, letters, WhatsApp — preserved)
  • Possession letter (if issued) and physical site visit photographs
  • Brochure, floor plan, and sanctioned building plan (if available)
  • Identity proof and address proof (Aadhaar, PAN) of complainant
  • Bank statements showing payments made to builder
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