A plain-language guide for homebuyers whose project is delayed, or whose builder has not delivered what was promised. General legal information only.
Where do I complain?
A complaint about a project in Greater Noida is filed before the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) under the Real Estate (Regulation and Development) Act, 2016. Appeals from the Authority lie to the Real Estate Appellate Tribunal, and further to the High Court.
What can I ask for?
- Refund with interest or interest for delay: Section 18 deals with an allottee’s remedies where a promoter fails to give possession by the agreed date. The allottee may withdraw and seek a refund with interest, or stay in the project and seek interest for each month of delay.
- Remedy for defects and false statements: The Act also deals with structural defects and with incorrect information given by the promoter.
- Compliance orders: The Authority can direct a promoter to comply with the Act and its own registration conditions.
Choosing the forum
The Supreme Court has been reported to hold that a buyer who elects the RERA remedy cannot later take the same dispute to a consumer commission. The choice of forum should therefore be made before filing. See our consumer litigation page and the practice area page on real estate and RERA.
Documents to assemble
- Builder-buyer agreement or allotment letter, and any amendments
- Payment receipts and demand letters
- Brochure, advertisements and communications about the promised possession date
- Project registration details on the UP-RERA website
- Correspondence and notices exchanged with the builder
How can Wise & Partners help?
The firm can review your documents, explain the available routes and prepare a complaint or reply. Outcomes depend on the facts and on the decisions of the Authority and courts, and no result can be promised.
Frequently asked questions
Does RERA apply to an unregistered project?
This depends on the project and its facts. Check the registration status and take advice before filing.
Is there a time limit?
Limitation and procedural timelines can apply. Seek advice promptly.
Important disclaimer: This article is general legal information, not legal advice. It does not create a lawyer-client relationship and is not an advertisement or solicitation under Bar Council of India rules. Verify current statutes, rules and judgments before relying on it.
