Procedure to File a Complaint Before UP-RERA for Possession of Apartment or Plot

Procedure to File a Complaint Before UP-RERA for Possession of Apartment

Under Section 31 of the Real Estate (Regulation and Development) Act, 2016, any aggrieved homebuyer (known as an “allottee”) may file a complaint against the promoter (builder) for delay in possession, or violation of terms of the builder-buyer agreement.

Give below is the step-by-step process to file a RERA Complaint before UP-RERA

Step 1: Before filing the complaint, it is advisable to check the following:

• The project is registered with UP-RERA. If not, RERA may refuse to grant any relief and your remedy may lie consumer forum or civil court. Certain reliefs may also be granted even if the project is not registered with RERA such as execution of Sub-Lease Deed of Conveyance Deed.

• You are a legally recognized “allottee” i.e., person to whom the flat is allotted. In certain cases where the builder/promoter has taken the part payment but for some reason has not issued any allotment letter, UP-RERA as well as UP-REAT have refused to entertain the grievance of the complainant holding that the complainant is not an allottee and hence not eligible to file complaint before RERA.

• There is a delay in handing over possession beyond the date mentioned in the Builder-Buyer Agreement or application form. The delay must have gone beyond the date of handover as well as the duration of force majeure for a complaint to be maintainable before RERA.

• You have the copies of the Builder-Buyer Agreement, Allotment letter, Payment receipts, and email or written communications with the builder. These documents forms the basis of the complaint as many important details emerge from these documents such as the agreed date of handover, rate of delay interest, price of the unit and other clauses which may have significant bearing on the outcome of the complaint.

• The possession delay is not caused by you (e.g., non-payment of dues or refusal to accept offer of possession). Where the allottee itself is in default, builder will shift all its blame on you it will become difficult to get the desired remedy. Therefore, even if the allottee is in default, there must be a reasonable ground for the default otherwise builder will impose charges on the allottee as per the terms of the agreement and RERA will also uphold such levy of charges provided builder is not in default.

Step 2: Create a User Account

Go to the official website of UP-RERA at https://www.up-rera.in and create an account by furnishing the required information. Portal on the UP-RERA website can be used for filing as well as tracking of the complaints. UP-RERA has two benches: Lucknow and Greater Noida. Bench will be assigned automatically depending upon the location of the project. Follow the below mentioned steps to create an account on the UP-RERA website.

• Click on “New Registration” on the homepage.

• Select “Complainant” as user type.

• Provide basic information: Name, Email ID, Mobile Number, Address, and PAN/Aadhaar details.

• Set a password and complete OTP verification.

• Once registered, you can log in using your credentials.

Step 3: File the Complaint Online. After logging in, follow these steps:

a) Complainant Detail

• Provide full name, contact address, email, and mobile number.

• Mention identification details like PAN or Aadhaar.

b) Respondent Details

• Enter the name of the promoter/builder.

• Provide the address of the company, and official email (if available).

• Mention project name, location, and apartment/flat number allotted to you.

c) Complaint Category and Subject

• Choose the category: e.g., Possession with delay interest, refund of the amount, execution of conveyance deed etc.

d) Factual Background

Provide a detailed narrative including:

• Date of booking and amount paid.

• Promised date of possession as per agreement.

• Any extensions or revised deadlines (with documentary proof).

• Status of construction and whether OC/CC has been obtained.

• Communication history with builder regarding possession.

e) Interim Relief Sought: Always apply and pray for interim relief where there is an apprehension that builder may transfer or cancel the unit illegally. If interim application is allowed by the RERA, the subject matter of the complaint gets secured. Importance of interim relief gets more established due to the current practice by builders to threaten the allottee to cancel the unit.

Step 4: Upload Supporting Documents

It is important to upload all the documents available to establish the rights of the complainant and for reference during the hearing.

• Builder-Buyer Agreement or Allotment Letter.

• Payment receipts, bank statements.

• Project brochure (if it mentions facilities and services to be provided).

• Emails or letters exchanged with builder.

• Copy of demand notices or possession offers (if issued).

• Any previous legal notices or communications.

Step 5: Pay the Filing Fee

• UP-RERA charges a filing fee of ₹1,000/- for each complaint.

• Payment is made online via net banking, UPI, debit/credit card.

• Once paid, you will receive a receipt which must be saved.

Step 6: Submit the Complaint and Note Complaint Number

• Review the complaint before submission.

• Once submitted, a Complaint Number and Acknowledgment Receipt will be generated.

• You will receive an SMS/email confirmation.

• You can use the complaint number to track the status and hearing schedule. The complaint is processed through the registry and if there are no defects in the complaint then it is listed before the UP-RERA.

Step 7: Post-Filing Process

After submission:

• UP-RERA will issue notice to the builder and seek their reply.

• The complaint will be assigned to a specific bench (Lucknow or Greater Noida).

• Date of hearing will be fixed and communicated through your login/email.

• Parties will be given opportunity to present their case.

• You can appear in person or through an advocate. UP-RERA conducts hearing through video conferencing.