An aggrieved allottee or a promoter can file a complaint before the West Bengal real estate regulatory authority under the Real Estate (Regulation and Development) Act, 2016 and the corresponding state law, on grounds such as delay in possession, deviation from the sanctioned plan, or breach of the agreement. The authority can order interest for delay, refund, or compliance, and a separate route lies before the adjudicating officer for compensation.
Who this applies to
This applies to an allottee of a registered real estate project who faces delay, a defective flat, or a breach of the agreement to sell, and to a promoter who has a grievance against an allottee. It applies to projects registered under RERA 2016 and, in West Bengal, under the West Bengal Housing Industry Regulation Act (WBHIRA), administered by the West Bengal real estate authority.
The grounds for a complaint
- Delay in handing over possession by the date stated in the agreement.
- Deviation from the sanctioned plan or the specifications in the agreement.
- Failure to comply with the terms of the agreement to sell.
- Defects in the building or the unit within the period the Act prescribes for the promoter's liability.
- Failure to register the project, or to comply with an order already passed.
RERA 2016 sets out these obligations in sections 9, 12, 14 and 18 — registration, the obligation to disclose, the obligation to comply with the agreement, and the return of amounts or interest on default — and section 31 provides for the filing of complaints before the authority.
The information to assemble
- The agreement to sell, with the schedule of payment and the promised date of possession.
- Payment receipts and the bank statements evidencing the amounts paid.
- Any possession letter or handing-over document, and correspondence with the promoter.
- The RERA registration details of the project under which it was registered.
- The sanctioned plan and any approvals, where a deviation is alleged.
Correspondence is important: complaints, reminders and the promoter's replies shape the case. Our notes on RERA and real estate explain the registration framework.
The reliefs the authority can grant
The authority can direct the promoter to comply with the agreement, to complete the project, or to return the amount received with interest, and it can award interest for the period of delay. Where a defect appears within the prescribed liability period, the promoter may be directed to rectify it. The exact relief flows from the ground pleaded and the record.
The adjudicating officer route
For a claim of compensation or interest, a complaint may be filed before the adjudicating officer constituted under the Act, who has the power to award compensation for loss caused by a contravention. The authority and the adjudicating officer deal with different aspects, and the right forum depends on whether you seek compliance or compensation.
Filing before the West Bengal authority
In West Bengal the complaint is filed before the real estate regulatory authority constituted for the state, through the portal the authority maintains, and the authority hears the matter under the procedure it prescribes. The project must ordinarily be one required to be registered, and the complaint should identify it by its registration number. Where a promoter has failed to register a project that the Act requires to be registered, that failure is itself a ground for complaint.
Filing online and limitation
Filing is through the state authority's online portal, with the complaint, documents and the fee as prescribed. The limitation the statute sets applies: RERA 2016 carries provisions on the limitation for complaints and appeals, and complaints should be filed within the period the Act and the state rules provide. Delay is a real risk — file as soon as the breach is clear, rather than waiting through endless promises.
Documents to attach
- The complaint in the prescribed form, complete and signed.
- The agreement to sell and the payment receipts.
- Proof of the project's RERA registration.
- Correspondence with the promoter, including reminders.
- Identity and address proof, and the prescribed fee.
Timelines and common mistakes
- Waiting past the limitation instead of filing when the breach arose.
- Filing before the wrong forum — the authority instead of the adjudicating officer, or vice versa.
- Claiming reliefs not supported by the agreement or the receipts.
- Omitting the RERA registration details of the project.
- Not annexing the correspondence that shows the promoter was put on notice.
FAQs
Can I file a RERA complaint against the builder for delay?
Yes. Delay in possession is a ground for a complaint before the authority, which can order interest for the period of delay, refund, or compliance.
What is the difference between the authority and the adjudicating officer?
The authority deals with compliance and directions under the Act; the adjudicating officer deals with compensation and interest claims for loss caused by contravention.
Is the complaint filed online?
Yes. Filing is through the state authority's online portal, with the prescribed form, documents and fee.
Which law applies in West Bengal?
RERA 2016 and the West Bengal Housing Industry Regulation Act (WBHIRA), administered by the state authority, apply to projects in the state.
How FileX Advocates can help
FileX Advocates & Legal Consultants, 14 Hare Street, Kolkata 700001, drafts RERA and WBHIRA complaints, assembles the agreement and payment record, and files before the West Bengal authority or the adjudicating officer. Call or message +91 7439811422, or reach us on WhatsApp at https://wa.me/917439811422.
See our RERA and real estate services, read the blog, or contact us.