A RERA complaint is filed by a homebuyer, or a group of homebuyers, against a promoter who has delayed possession, handed over a flat that does not match the agreement, or withheld a refund. The advocate's fee for such a complaint depends on how many allottees are involved, what relief is claimed, how much of the project's paperwork survives, and whether the promoter is represented. A figure quoted before the agreement for sale, the payment receipts and the correspondence have been read is not a quote, it is a guess.
Where the complaint goes and what it covers
Complaints by allottees against promoters are heard by the West Bengal Real Estate Regulatory Authority under the Real Estate (Regulation and Development) Act 2016. Where the claim is for compensation or interest, the Authority may refer it to its adjudicating officer. An order of the Authority can be challenged before the Real Estate Appellate Tribunal. The advocate's fee is for the professional work before these forums; the complaint fee itself is prescribed by the Authority's regulations, and the current amount should be confirmed before filing because it is not the advocate's charge. Our RERA and real estate practice handles complaints, replies and appeals.
How advocates charge for a RERA complaint
- A fixed fee for the complaint. Drafting and filing a single complaint, with the list of documents and the computation of the claim, can be quoted once the agreement and receipts have been read.
- A stage-wise fee. Filing, the counter-affidavit stage, and the final hearing are often billed separately, because the work in each is different.
- A per-hearing appearance fee. Appearances before the Authority are frequently charged per date, since hearings are adjourned and rescheduled.
- A retainer or group arrangement. Where an association of allottees files a single complaint, the cost can be shared, and a retainer may cover correspondence and updates for the whole group.
A paid consultation is where the merits are tested. The advocate reads the agreement for sale, the payment schedule and the receipts, checks whether the project is registered and whether the delay is admitted, and tells you which relief is realistic: possession, refund with interest, or compensation. Our published consultation and appearance fees are on our pricing page.
What the fee does not cover
- the complaint fee prescribed by the Authority's regulations, which is payable to the Authority and not to us;
- certified copies of the registered agreement for sale, the RERA registration and the approvals;
- an engineer's or valuer's report where defective construction or the value of the flat is in issue;
- translation of documents that are not in English;
- travel to the Authority's office outside your city, and local advocate fees where the project is in another district;
- the separate fee and costs of an appeal to the Real Estate Appellate Tribunal, if the order is challenged.
Where the order is later put into execution, or where the promoter goes into insolvency, the work moves to a different forum with its own fee structure, and that should be discussed before, not after, the first complaint ends.
What drives the cost up or down
- One allottee or many. A single homebuyer's complaint is a contained job. A complaint by an association must reconcile each member's payments and dates.
- The relief claimed. A refund with interest requires a computation for every payment. Possession requires a finding on the delay and the occupancy certificate.
- Whether the promoter contests. A promoter who files a detailed reply on approvals and force majeure adds hearings and written arguments.
- The state of the record. If the agreement, receipts and reminders exist, the complaint is straightforward. If they must be reconstructed, the task is larger.
- Whether the flat is residential or commercial, and whether possession has already been taken, both change the relief and the strategy.
Questions to ask before you engage an advocate
- On the papers I have, which relief is realistic: possession, refund or compensation?
- Is the project registered with the Authority, and does that change the complaint?
- What is the fee for filing, and is the Authority's complaint fee separate?
- How is the hearing charged if the matter runs for a year?
- What documents do you need, and can you work from copies?
- If I later need to appeal or execute the order, what will that stage involve and cost?
- If several allottees join, does the fee change?
Our published fees
We quote after reading the agreement, the payment record and the correspondence, not before. Our published consultation and appearance fees are on our pricing page, and our RERA and real estate service explains the steps. To have your documents reviewed before you decide, contact us.
Do I have to pay the fee before the complaint is filed?
Advocates generally ask for the stage fee when the stage begins, so the drafting and filing fee is paid before filing. Disbursements such as the Authority's complaint fee and certified copies are usually paid separately as they arise. The arrangement should be recorded in writing.
Can the fee be recovered from the promoter if I win?
Costs are awarded at the discretion of the forum and are not the same as your actual fees. A cost order may cover part of what you spent, but you should not assume that the promoter will bear your full legal fees. Treat any recovery of costs as a possibility, not a plan.
Is a complaint possible if the project was never registered?
Yes, failure to register a project is itself a ground of complaint, and the Authority can act on it. The complaint is framed differently from a delay or refund complaint, so tell your advocate from the start whether the project appears on the Authority's register.
How long does a RERA complaint take?
The forum is directed by the statute to decide complaints within a stated period, but real timelines depend on the number of hearings, adjournments and the volume of documents. No advocate can promise you a date, and you should be wary of anyone who does.