Complaint under Section 31 of the Real Estate (Regulation and Development) Act, 2016
A complaint under Section 31 of the Real Estate (Regulation and Development) Act, 2016 is the primary legal instrument for an aggrieved allottee to seek redressal against a promoter. It allows the complainant to bring violations of the Act, rules, or agreement for sale to the attention of the Real Estate Regulatory Authority.
This complaint is filed before the Real Estate Regulatory Authority (RERA) having jurisdiction over the project. It rests on Section 31 of the Act, which empowers any aggrieved person to file a complaint regarding any violation or contravention of the provisions of the Act or the rules and regulations made thereunder.
- Governing law
When this is the right filing
- When the promoter has failed to hand over possession of the unit by the agreed date of possession.
- When the promoter has contravened any provision of the Real Estate (Regulation and Development) Act, 2016, or the rules made thereunder.
- When the promoter has violated the terms of the agreement for sale.
- When an allottee seeks a refund of the amount paid with interest, or delivery of possession with compensation, as provided under the Act.
What the court looks for
- A clear statement of the facts of the case, establishing the complainant as an allottee and the respondent as the promoter of the registered real estate project.
- Specific identification of the grounds or violations of the Act, rules, or agreement for sale committed by the promoter.
- A precise articulation of the reliefs sought, such as possession with conveyance, or a refund with prescribed interest and compensation.
- A verifying affidavit supporting the facts stated in the complaint, sworn by the complainant.
The structure the court expects
The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.
- 1Facts of the case
- 2Grounds / violations of the act
- 3Relief(s) sought
- 4Verifying affidavit
1. That I am the Complainant / Allottee in the above matter and am duly authorised and competent to swear this affidavit, being fully conversant with the facts and circumstances of the case.
Bracketed items are filled from your case.
Frequently asked questions
Who can file a complaint under Section 31 of the RERA Act?
Any aggrieved person, which includes an allottee who has purchased a unit in a registered real estate project, can file a complaint. The complaint must be against a promoter for a violation of the Act, the rules, or the terms of the agreement for sale.
What is the difference between a complaint under Section 31 and an adjudication under Section 71?
A complaint under Section 31 is filed before the Real Estate Regulatory Authority for any violation of the Act and can result in directions for compliance, refund, or compensation. An adjudication under Section 71 is a separate proceeding before the Adjudicating Officer specifically for the imposition of a penalty on the promoter for a contravention of the Act.
What reliefs can be sought in this complaint?
The complainant can seek multiple reliefs, including a direction to the promoter to hand over possession and execute the conveyance deed. Alternatively, the complainant can seek a refund of the entire amount paid with interest at the prescribed rate, along with compensation for any loss or injury caused by the promoter's default.
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