Section 31 of RERA Act – What It Means and How to File a Complaint

Section 31 is the mechanism that transforms RERA from a regulatory framework on paper into an enforceable protection for homebuyers in practice. Without this complaint provision, the rest of RERA's rules would have limited practical effect.

This page covers:

• What Section 31 of RERA says
• Who can file a complaint under Section 31
• What complaints can be filed — common violations
• Which authority receives the complaint
• How to file a RERA complaint online — step-by-step
• What happens after filing
• Timelines for resolution
• Remedies available — compensation, refund, interest
• How Section 31 connects to home loan investments

Section 31 of the Real Estate (Regulation and Development) Act, 2016 states that any aggrieved person may file a complaint with the Real Estate Regulatory Authority for violations of the Act or the rules and regulations made thereunder. 'Aggrieved person' includes allottees (homebuyers), promoters (developers), real estate agents, and associations of allottees.

The complaint is filed with the relevant state RERA authority — each state that has implemented RERA has its own authority and portal. Complaints are heard following a process similar to civil proceedings and must be disposed of within 60 days of filing, with reasons recorded if that timeline is not met.

• Homebuyers/ allottees: The most common complainants — buyers facing possession delays, construction defects, deviation from approved plans, or non-refund of advance payments
• Associations of allottees: A group of flat owners in a project can file jointly, which is useful for systemic issues affecting the entire project
• Promoters (developers): Can file against real estate agents who violate their obligations
• Real estate agents: Can file against promoters in certain circumstances

The most practically significant use of Section 31 is by homebuyers against developers — which is the focus of this article.

Common grounds for Section 31 complaints:

The process varies slightly by state, but the general approach is:

1. Visit your state's RERA portal (e.g., maharera.mahaonline.gov.in for Maharashtra, up-rera.in for UP).
2. Register as a complainant using your mobile number and email.
3. Log in and navigate to 'File a Complaint'.
4. Enter the project's RERA registration number and the promoter's details.
5. Describe the violation clearly — include dates, amounts paid, possession date committed, actual status.
6. Upload supporting documents: sale agreement, payment receipts, correspondence with developer, possession letter (if issued), photographs of defects (if applicable).
7. Pay the prescribed complaint filing fee (typically Rs. 1,000 to Rs. 5,000 depending on the state).
8. Submit and note the complaint number for tracking.

1. The RERA authority registers the complaint and assigns it to an adjudicating officer or a bench
2. Notice is issued to the respondent (developer or agent) to file their reply
3. Hearings are scheduled — both parties present their case
4. The Authority issues an order, typically within 60 days (though timelines in practice vary by state and case complexity)
5. The order may include: compensation payment, refund with interest, direction to complete construction, penalty on the developer, or combinations thereof

Orders of the RERA Authority can be appealed to the Real Estate Appellate Tribunal and subsequently to the High Court.

Most homebuyers finance their apartment purchase through a home loan. If the developer delays possession, the buyer continues paying EMIs while living in rental accommodation — a significant double burden. Section 31 provides a remedy for this scenario: the interest compensation ordered under RERA can offset a portion of the dual-cost burden.

If the RERA Authority orders a full refund of the purchase amount with interest, the home loan outstanding can typically be prepaid from the refund proceeds — effectively unwinding the transaction. Coordinate with your lender on how the RERA refund will be applied to the outstanding loan balance.

Bajaj Finance offers home loans from 7.25% p.a.* with amounts up to Rs. 15 Crore* and tenures up to 32 years. Choosing a RERA-registered project when financing through a home loan provides legal remedies like Section 31 as an added layer of protection. Check your eligibility today.

Section 31 of RERA is homebuyer protection in its most practical form — a formal complaint mechanism with real remedies and enforceable orders. If your developer is in violation, file before the statute of limitations runs out.