BACK TO RERA Act 2016
RERA Act 2016

Section 31

Filing of Complaints with the Authority or the Adjudicating Officer

THE STATUTE

Original Text

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 purpose of this section 'aggrieved person' means any person, including those from allottees, and promoters, as the case may be, who has a grievance against a promoter, allottee or real estate agent, as the case may be.

Legal Commentary

Section 31 is the gateway to RERA's enforcement machinery — it creates a simple, accessible complaint filing right for any person aggrieved by a RERA violation. Importantly, the complaint right is not limited to allottees (buyers) — it extends to any 'aggrieved person,' which can include the promoter itself (e.g., against a defaulting allottee or a competitor's misleading advertisement). **Two forums — which to choose:** 1. *RERA Authority* — for regulatory violations: non-registration, false advertisement, failure to update RERA website, violation of plans, failure to give OC. The Authority can impose penalties and issue directions. 2. *Adjudicating Officer* — for compensation and refund claims: Section 18 delay compensation, Section 12 misrepresentation refund, Section 14 plan change damages. The Adjudicating Officer is typically a RERA member or officer designated to decide monetary claims. **Who can file:** - Allottees (buyers) against promoters — the most common complainant - Promoters against allottees — for payment defaults under Section 19(7) - Persons against real estate agents — for misrepresentation or non-registration under Section 9 - Any aggrieved person — the definition is deliberately broad **No requirement to prove special damage:** Unlike civil courts, RERA complaints do not require the complainant to prove special financial loss — a violation of RERA rights (e.g., failure to update the RERA website) is itself actionable. **Online filing — accessibility:** Most state RERA Authorities have implemented fully online complaint portals — MahaRERA (maharera.mahaonline.gov.in), HRERA (hrera.org.in), and others allow end-to-end online filing, payment of fees, document upload, and tracking of complaints. **State variation — filing fees and format:** Filing fees vary by state — MahaRERA charges ₹5,000 for allottee complaints; some states have lower fees. The format of complaints and accompanying documents varies. **Concurrent jurisdiction with Consumer Forums:** The Supreme Court in Imperia Structures (2020) confirmed that RERA and Consumer Protection Act forums have concurrent jurisdiction — an allottee can choose which forum to approach. Once a decision on merits is given by one forum, the other forum will not re-adjudicate the same issue.

Questions & Answers

Any 'aggrieved person' — which includes buyers (allottees) against builders, promoters against defaulting allottees, persons against unregistered agents, or any person affected by a RERA violation. The right is not limited to buyers.
File with the RERA Authority for regulatory violations — non-registration, false advertisement, failure to update the website, violation of approved plans. File with the Adjudicating Officer for compensation and refund claims — delay compensation, misrepresentation refund, carpet area shortfall. Many states allow filing with the Authority initially, which then routes to the appropriate forum.
Yes — RERA Authority and Consumer Forum have concurrent jurisdiction (Imperia Structures, 2020). You can file in both, but once one forum decides on merits, you cannot seek re-adjudication of the same issue in the other forum (res judicata).