RERA Complaint Against Builder in Punjab & Haryana: Step-by-Step Guide
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted specifically to protect homebuyers from delays, fraud, and misrepresentation by builders and developers. If you have been waiting for possession of your flat or plot that has been unreasonably delayed, or if the builder has violated the terms of your Buyer's Agreement, RERA gives you powerful legal remedies. This guide explains how to file a RERA complaint in Punjab and Haryana.
Which RERA Authority Handles Chandigarh Complaints?
Chandigarh and the Tricity region fall under two separate RERA jurisdictions:
- RERA Punjab (Punjab Real Estate Regulatory Authority) — for projects in Punjab (Mohali, Kharar, Zirakpur, etc.)
- HRERA Gurugram / HRERA Panchkula — for projects in Haryana
Most complaints from Tricity homebuyers are filed before RERA Punjab (headquartered in Mohali). The website is: rera.punjab.gov.in
What Complaints Can You File Under RERA?
You can file a complaint before RERA for any of the following:
- Delayed possession: Builder has not given possession by the date mentioned in the Buyer's Agreement.
- Refund of amount paid: If the buyer wishes to withdraw due to the delay (with interest at the applicable rate).
- Deficiency in construction: Structural defects, quality issues, amenities not provided as promised.
- Change in layout / plans: Builder changed the approved layout or reduced the promised carpet area.
- Non-registration of flat / plot: Failure to execute the sale deed or register the property.
- False representations in advertisements: Misleading claims about the project.
- Society formation issues: Failure to hand over society maintenance to the RWA after possession.
Step-by-Step RERA Complaint Process in Punjab
Step 1: Gather All Documents Before filing, collect the following:
- Buyer's Agreement / Flat Buyers Agreement (allotment letter)
- Payment receipts for all amounts paid to the builder
- RERA registration certificate of the project (check on rera.punjab.gov.in)
- Any correspondence with the builder (letters, emails, WhatsApp messages)
- Demand letters issued by the builder
- Photographs of the project status (if possession is delayed)
- Brochures / advertisements (for misrepresentation complaints)
Step 2: Check if the Project is RERA-Registered Only projects registered under RERA can be complained about before RERA. Go to rera.punjab.gov.in, search for the project, and note the RERA Registration Number. If the project is not registered (and should have been), you can still file a complaint for non-compliance.
Step 3: Calculate Your Claim Under RERA, if possession is delayed, you are entitled to:
- Interest at the rate of SBI's highest Marginal Cost of Lending Rate (MCLR) + 2% on the amount paid, from the date possession was due until actual possession or refund.
- Alternatively, a full refund with interest if you choose not to wait for possession.
Step 4: File the Complaint Online RERA Punjab complaints are filed online at rera.punjab.gov.in. You will need to:
- Register on the portal as a "Complainant"
- Fill in the complaint form with project details, builder details, and the nature of your grievance
- Upload all supporting documents
- Pay the prescribed complaint fee (approximately Rs. 1,000 to Rs. 5,000 depending on the case type)
Step 5: Hearing Before RERA Authority After filing, the complaint is registered and a hearing date is assigned. Both parties are heard by the RERA Authority (a bench of adjudicating officers). You or your RERA lawyer in Chandigarh can represent you. The Authority may:
- Direct the builder to give possession with interest
- Award compensation
- Order a refund with interest
- Impose penalties on the builder
Step 6: Enforcement / Execution If the builder does not comply with the RERA order, you can file an Execution Petition before RERA, and RERA can recover the amount as arrears of land revenue — a very powerful enforcement mechanism.
Can You File an Appeal Against RERA Order?
Yes. If you are dissatisfied with the RERA Authority's order, you can file an appeal before the Real Estate Appellate Tribunal (REAT) within 60 days of the order. Further appeals lie before the Punjab & Haryana High Court.
Common Builder Defences and How to Counter Them
Builders often cite the following to avoid liability:
- Force majeure (COVID, floods, approvals delay): RERA Authority and courts scrutinize this carefully — it must be a genuine, extraordinary event outside the builder's control.
- Delay by government in approvals: Builders cannot indefinitely cite this — they have a duty to obtain approvals before selling units.
- Partial construction complete: Possession must be of a habitable flat with all amenities and OC (Occupancy Certificate).
An experienced advocate can effectively counter these defences.
How Tricity Law Firm Can Help
Tricity Law Firm has represented homebuyers in numerous RERA cases before RERA Punjab involving leading builders in the Mohali, Kharar, Zirakpur, and Aerocity regions. We help you:
- Evaluate whether your complaint is viable and calculate your entitlement
- Prepare and file the RERA complaint with all supporting documentation
- Appear and argue before the RERA Authority on all hearing dates
- File execution petitions and pursue enforcement
- Handle appeals before the Real Estate Appellate Tribunal
Call us at +91-9814110005 or contact us online for a free initial consultation on your RERA matter.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a RERA lawyer for advice specific to your project and facts.