The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect homebuyers and ensure transparency, accountability, and efficiency in the real estate sector. Before RERA, homebuyers faced numerous issues such as project delays, hidden charges, poor construction quality, and fraudulent practices by developers.
If you are a homebuyer facing grievances against a builder or developer in Navi Mumbai, filing a complaint under RERA is a legal way to seek justice. A professional real estate lawyer in Navi Mumbai can guide you through the process.
This article explains how to file a complaint under RERA, the legal provisions, and the necessary steps to ensure a successful resolution.
1. What is RERA?
The Real Estate (Regulation and Development) Act, 2016 aims to:
Protect homebuyers from unfair practices
Ensure timely project completion
Regulate the real estate sector
Impose penalties on defaulting builders
Enhance transparency in transactions
Under RERA, developers must:
- Register their projects with the Real Estate Regulatory Authority
- Disclose project details (layout, approvals, timelines)
- Use 70% of funds in an escrow account for project completion
- Adhere to deadlines for project delivery
- Provide a five-year warranty for structural defects
If a builder violates any RERA provision, homebuyers have the legal right to file a complaint before the RERA authority.
2. When Can You File a RERA Complaint?
You can file a complaint under RERA if you experience:
✔ Delay in Possession – Builder fails to deliver the project on time.
✔ False Promises – Developer misleads with fake brochures or agreements.
✔ Structural Defects – Poor-quality construction or defects in plumbing, electrical, or foundation.
✔ Price Escalation – Builder demands extra charges beyond the agreed price.
✔ Changes in Layout Plan – Developer alters the project without consent.
✔ Failure to Register with RERA – Developer sells an unregistered project.
✔ Refund Issues – Failure to return money if the project is canceled.
A real estate lawyer in Navi Mumbai can help you determine if your case is valid under RERA and file a complaint effectively.
3. How to File a Complaint Under RERA?
To file a RERA complaint in Maharashtra (MahaRERA), follow these steps:
Step 1: Gather Required Documents
Prepare the following:
Sale Agreement – Between you and the builder
Payment Receipts – Proof of payments made to the developer
Builder’s Brochure & Advertisements – To highlight misrepresentations
Project Approval Details – RERA registration number, approvals
Correspondence with the Builder – Emails, WhatsApp chats, legal notices
Bank Statements – Proof of transactions
Complaint Letter – Detailed summary of the issue
Step 2: Draft the Complaint
Your RERA complaint should include:
- Name & Address of the Complainant (Homebuyer)
- Name & Address of the Builder/Developer
- RERA Registration Number of the Project
- Details of the Violation (Delays, false promises, etc.)
- Supporting Documents & Evidence
- Relief Sought (Refund, compensation, possession, penalty, etc.)
A professional property lawyer in Navi Mumbai can draft a strong complaint to ensure a higher chance of success.
Step 3: Register the Complaint Online (MahaRERA Portal)
In Maharashtra, complaints are filed through the MahaRERA website:
Visit:.mahaonline.gov.in
Click on ‘Complaints’ – Select ‘New Complaint’
Fill in Details – Complainant’s and builder’s information
Upload Documents – Attach supporting files
Pay Fees – ₹5,000 for filing a complaint
Once submitted, you will receive a complaint number for tracking your case.
Step 4: Appear for Hearing Before RERA Authority
- After filing, MahaRERA will notify the builder and schedule a hearing.
- Both parties must appear before the RERA adjudicating officer.
- A real estate lawyer in Navi Mumbai can represent you to present a strong case.
- If the builder is found guilty, the authority can order refunds, compensation, or penalties.
4. What Relief Can You Get Under RERA?
Refund with Interest – If the project is delayed, you can seek a refund of the amount paid with interest.
Compensation – If you suffer financial loss or mental harassment, you can claim compensation.
Possession with Compensation – If you still want the apartment, you can demand possession along with delay penalty.
Rectification of Defects – Builder must fix construction defects within 5 years.
Blacklist of Builder – RERA can penalize and blacklist fraudulent developers.
5. Appeal Against RERA Order
If you or the builder are dissatisfied with the RERA decision, you can appeal before:
- Maharashtra Real Estate Appellate Tribunal (within 60 days)
- High Court (if not satisfied with the Tribunal’s decision)
- Supreme Court (final appeal)
A skilled real estate lawyer in Navi Mumbai can handle the appeal process efficiently.
6. Advantages of Filing a Complaint Under RERA
Speedy Resolution – RERA cases are resolved faster than civil cases.
Online Filing – The process is simple and digital.
Consumer Protection – Strong legal backing against fraud.
Penalty on Builders – Heavy fines for non-compliance.
Binding Orders – Builders must comply with RERA decisions.
Important Legal Precedents on RERA
Pioneer Urban Land v. Govindan Raghavan (2019) – Supreme Court ruled that homebuyers cannot be forced to take possession of delayed projects and are entitled to refunds.
M/s Imperia Structures v. Anil Patni (2020) – Confirmed that homebuyers can approach RERA and NCDRC for relief simultaneously.
Supertech Limited v. Rajni Goyal (2021) – Court upheld builder’s liability for delays and compensation to buyers.
These judgments strengthen homebuyers’ rights and ensure justice against errant builders.
8. Why Do You Need a RERA Lawyer?
A real estate lawyer in Navi Mumbai ensures:
Proper drafting of complaints
Strong presentation of evidence
Representation during hearings before RERA
Faster resolution & compensation
Assistance in appeals if needed
If you are facing real estate issues, hiring a property lawyer in Navi Mumbai like Advocate Pooja can maximize your chances of winning.
Conclusion
If you are a homebuyer struggling with a delayed or fraudulent real estate project, filing a RERA complaint is the best legal remedy. The Real Estate (Regulation and Development) Act, 2016 empowers consumers to fight against unfair practices and claim refunds, compensation, and timely possession.
With expert guidance from the best property lawyer in Navi Mumbai, you can navigate the RERA complaint process efficiently and protect your rights. Don’t let dishonest builders take advantage of you take legal action today!
