Section 31: Filing Complaints with the RERA Authority or Adjudicating Officer
Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA) enables an aggrieved person to complain about violations of the Act, its rules or regulations by a promoter, allottee or real estate agent. The appropriate forum and filing requirements depend on the relief sought and the applicable State or Union Territory rules and regulations.
Meaning and scope of Section 31
Section 31(1): Right to file a complaint
Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter, allottee or real estate agent, as the case may be.
Explanation: For the purposes of this sub-section, "person" includes an association of allottees or any voluntary consumer association registered under any law for the time being in force.
Section 31(2): Form, manner and fees
The form, manner and fees for filing a complaint under sub-section (1) shall be such as may be specified by regulations.
Who can file a complaint under RERA?
An aggrieved homebuyer or allottee, an association of allottees, a registered voluntary consumer association or another aggrieved person may invoke Section 31 where the alleged conduct violates RERA or the applicable rules or regulations. The complaint must identify the relevant violation and the person against whom relief is sought.
Against whom may a complaint be filed?
Section 31 expressly permits complaints against a promoter, allottee or real estate agent, as applicable. For example, allegations may concern a promoter's statutory disclosures, obligations under an agreement for sale, delays in possession, an allottee's statutory payment obligations or an agent's registration and conduct requirements.
RERA Authority or adjudicating officer: which forum?
The Real Estate Regulatory Authority examines complaints within its statutory jurisdiction, including enforcement of promoter, allottee and agent obligations and applicable directions or relief. Under Section 71, the adjudicating officer adjudges compensation under Sections 12, 14, 18 and 19, read with Section 72. A claim for compensation should therefore be distinguished from a claim for refund, interest, directions or other statutory relief. The precise allocation of issues must also follow binding judicial decisions and applicable procedural rules.
The Supreme Court explained the division of jurisdiction in Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021): the Authority deals with refund and interest, whereas adjudication of compensation and interest thereon falls to the adjudicating officer under the statutory scheme.
How to file a complaint under Section 31
- Identify the competent RERA: use the regulatory authority for the State or Union Territory in which the relevant real estate project is situated.
- Identify the respondent and relief: state the project's registration particulars, the relevant facts, dates, alleged contraventions and the orders sought.
- Prepare supporting records: include the booking or allotment letter, agreement for sale, payment receipts, correspondence, advertised representations and other relevant evidence.
- Use the prescribed form: file through the official portal or other procedure required by the relevant RERA regulations and pay the prescribed fee.
- Follow the proceedings: retain the complaint number, respond to notices and attend hearings as directed.
Complaint forms, fees, online facilities, supporting-document requirements and procedural steps vary across States and Union Territories. Check the applicable regulations before filing.
Related statutory provisions
Section 18 addresses a promoter's liability to return amounts and pay interest or compensation in specified circumstances, including certain failures to complete or give possession. Section 19 sets out the rights and duties of allottees. Section 34 specifies functions of the Authority; Sections 35 to 38 provide investigatory, interim-order, direction-making and other powers. Section 71 governs adjudication of compensation and Section 72 lists factors for adjudging its quantum. Section 44 concerns appeals to the Real Estate Appellate Tribunal, subject to statutory conditions and timelines.
Official law and regulatory resources
Read the Real Estate (Regulation and Development) Act, 2016 on India Code and consult the Ministry of Housing and Urban Affairs for central RERA resources. For actual complaint filing, use the relevant State or Union Territory RERA's official portal and current regulations.
Important practical points
Confirm whether the project and dispute fall within RERA's territorial and statutory scope, the correct respondent, and whether the requested remedy is within the Authority's or adjudicating officer's jurisdiction. Where a matter overlaps with consumer law or other remedies, consider the applicable statutory provisions and binding decisions. An order may be appealable under the Act; filing periods and pre-deposit conditions can apply.
This article explains the central statutory framework. State-specific rules, regulations, forms, fees and subsequent judicial decisions should be checked for a particular complaint.