To file a RERA complaint in West Bengal, you apply to the West Bengal Real Estate Regulatory Authority under the Real Estate (Regulation and Development) Act 2016, setting out the project, the promoter's default, and the relief you want. The complaint can be filed by an allottee or homebuyer, and it is not a suit in the civil court. If the promoter has delayed possession, changed the sanctioned plans, or collected money beyond what the agreement allows, the Authority is the forum to approach. Our RERA and real estate disputes work covers this kind of complaint.
Who can file, and where
Any aggrieved person may file a complaint with the Authority or the adjudicating officer. A complaint about refund or interest for delay is heard by the Authority, while a claim for compensation is dealt with by the adjudicating officer. The forum is the West Bengal Real Estate Regulatory Authority, which regulates registered real estate projects in the state.
If you are dissatisfied with an order of the Authority, an appeal lies to the West Bengal Real Estate Appellate Tribunal, which is established under section 43 of the Act. An appeal has to be filed within the period the Act allows, so read the order and count the days carefully rather than assuming you have time.
Documents required
- The agreement for sale and the allotment letter.
- The project's RERA registration number and details.
- Receipts and bank statements for every payment you made.
- The promoter's demand letters and the payment schedule.
- Correspondence about delay, defects, or a change of plans.
- Any possession letter or occupancy certificate, if one was issued.
- A short chronology of events with dates.
- A copy of the booking form and the brochure or advertisement you relied on.
Steps, in order
- Check the project's RERA registration and confirm the correct Authority.
- Prepare a written complaint stating the facts, the default, and the relief you want, whether refund with interest, possession, or compensation.
- Fill in the prescribed complaint form and pay the fee the Authority prescribes; the current fee should be confirmed from the Authority's own rules.
- Attach the agreement, the payment proof, and the chronology as annexures.
- Implead the promoter, and any other allottee or party whose presence the matter needs.
- Attend the hearings, including any e-hearing the Authority directs.
- Once an order is passed, either comply with it, enforce it, or appeal within the period allowed.
Time limits and delay
Where the promoter has failed to give possession as agreed, section 18 of the Act gives the allottee a choice: withdraw from the project and claim a refund with interest, or stay in the project and claim interest for every month of delay. The Act does not set out a rigid limitation for a complaint to the Authority, but delay still counts against you, and the general law of limitation can apply to a claim for compensation. So do not assume you can wait indefinitely before acting.
Common mistakes that get complaints returned
- Complaining to the wrong Authority or about a project outside its jurisdiction.
- Failing to attach the registered agreement, which the Authority works from.
- Claiming a figure you cannot back with receipts and bank records.
- Pursuing the same relief in a consumer forum and before RERA at the same time.
- Not impleading the promoter as a party.
- Ignoring the Authority's directions or missing hearing dates, which can lead to dismissal.
What you can ask the Authority for
The relief you seek must be tied to the terms of your agreement and to what the Act provides. Commonly, an allottee asks for a refund of the amount paid with interest, interest for the period of delay, possession of the unit, or compensation for defective work and for a departure from the sanctioned plans. It helps to state each head of relief separately rather than as one lump claim, so that the Authority can deal with each and the promoter cannot answer one point while leaving the others unanswered. If the promoter has used the money collected for a different project, that is a distinct grievance which the Authority can consider.
Enforcing an order once it is passed
An order of the Authority is not merely advisory. If the promoter does not comply with it, you can apply for enforcement, and where a promoter wilfully disobeys a direction the Authority has powers of its own to secure compliance. If either side is dissatisfied with the order, the remedy is an appeal to the Appellate Tribunal, and then, on a question of law, to the High Court. Each step has its own period, so a party who intends to appeal must move promptly rather than wait for the other side to act.
Frequently asked questions
Do I need a lawyer to file a RERA complaint?
You can file a complaint yourself, but the drafting decides a great deal. A complaint that states the default clearly and attaches the right documents is easier for the Authority to act on. Many allottees prefer to have the complaint and the relief drafted for them; FileX handles this as a defined task, and our published consultation and appearance fees are on our pricing page.
Can I ask for a refund instead of possession?
Yes, where the promoter has not delivered as agreed. The Act lets an allottee withdraw and claim a refund with interest, or keep the unit and claim interest for the delay. Which is better depends on the project and your own plans.
What if the promoter has not registered the project?
An unregistered project raises a separate issue of the promoter's liability under the Act, and the Authority can act on a complaint about it. Take advice on the exact relief available in your case before filing.
Where can I get help with a complaint?
Read more about our services for RERA and property disputes, or write to us through the contact page with your agreement and payment details and we will tell you what the papers support.