Service desk
RERA Litigation & Dispute Resolution Desk
NXS48 - The RERA Specialists supports disputes through a multidisciplinary team of 200+ professionals across employees and associates: Chartered Accountants, advocates, engineers and architects. The agreement, payment trail, notices and orders provide the starting record for advice and representation before the relevant forum. Outcomes depend on facts and the decision of the Authority or Tribunal; we do not promise results.
Overview
- Home buyers
- Housing societies
- Developers
- Real estate agents
The ten services here cover both sides of a dispute. For allottees: complaints, delay claims, defect claims, carpet-area and agreement disputes, group proceedings and recovery of orders. For promoters: defence in proceedings. For both: appeals, settlement and notices. A matter often begins at one of these and moves to another, so they are organised as a desk rather than as separate practices.
Which disciplines are involved
Advocates lead proceedings. Chartered Accountants compute interest and examine financial records. Engineers and architects inspect, measure and give evidence on defects, area and progress.
Outcomes depend on facts and the decision of the Authority or Tribunal. Nothing on this page promises a result.
The scope and responsible professional are identified in the engagement. Professional certificates are signed in the relevant professional or firm's own name. NXS48 is not an examination or certifying body.
How is the right remedy and forum identified?
Start with the order or conduct challenged and the relief the client actually wants. A buyer who wants to remain in the project has a different Section 18 position from a buyer seeking withdrawal. A defect case needs technical evidence, while an execution application starts from an existing operative direction. The same chronology can raise several issues, but they should not be filed as an undifferentiated demand.
Section 31 provides the complaint route, while the compensation provisions involving the adjudicating officer require separate attention. Refund, interest, compensation and enforcement are not interchangeable procedural labels. Assess the current jurisdictional position, standing, authorisation and any parallel case. Insolvency, secured-creditor action or a court stay may affect what can lawfully proceed.
The first consultation should identify urgent dates, including receipt of orders and upcoming directions. A notice, negotiation or proposed conciliation does not automatically stop an appeal clock. The client should receive options, evidence gaps and risks rather than a prediction that a forum will agree. Outcomes depend on facts and the decision of the Authority or Tribunal.
What makes a case record usable?
Prepare a dated chronology linked to the agreement, payment proof, notices, replies, approvals and orders. Separate allegations from established documents and identify the exact project phase and parties. A narrative should disclose relevant adverse material as well as favourable evidence so the representative can assess it before the other side relies on it.
Calculations need explicit assumptions: principal components, receipt dates, period, rate source and credits. Maharashtra’s prescribed interest benchmark should not be presented as a permanent national rate. Technical claims need a defined inspection scope and evidence of causation where relevant. Preserve original records and complete documents rather than only screenshots of selected clauses.
For group matters, keep common evidence separate from individual agreements, payments and instructions. Confirm who can act and settle for whom. Some buyers may want completion and others withdrawal, creating a need to examine conflicts. A group label does not remove the need to prove each relevant entitlement or establish the representative’s authority.
How do appeals, settlement and recovery connect?
Section 44 provides the Tribunal appeal framework, including the sixty-day period from receipt and sufficient-cause provision. Section 43(5) imposes the promoter pre-deposit condition, which is not simply thirty per cent of every award. A proposed appeal should address grounds, record, deposit and interim protection together. Filing is not automatically a stay.
Settlement can be useful, but the terms need parties with authority, precise obligations, dates, performance evidence and default consequences. Identify claims released and claims reserved. A discussion, private compromise and order recording consent terms may have different effects. Do not withdraw a case or sign a broad discharge without understanding the advised sequence.
A favourable monetary order still may require recovery steps under Section 40 and the applicable rules. Distinguish an application, a warrant and actual payment. Attachment or account restrictions require lawful authority. The scope of engagement should say whether it includes notices, complaint, hearings, appeal, settlement or enforcement, and identify the actual rendering advocate. No award, stay, settlement or recovery date is promised.
- RERA Act, 2016, Section 43 (Appellate Tribunal; Section 43(5) promoter pre-deposit)
- RERA Act, 2016, Section 44 (appeals to Appellate Tribunal)
- RERA Act, 2016, Section 40 (recovery of interest or penalty or compensation)
- Maharashtra Recovery, Complaint and Appeal Rules, 2017: Rules 3–4 (enforcement), 5 (appeal), 6–7 (complaints)
Editorial update 2026-10-24. Draft pending professional legal review; no named reviewer has approved this text.
Services in this desk
10 services
Homebuyer Complaints & Refund Claims
Case-specific complaint preparation and representation support, with statutory position verified for the matter and applicable state rules.
Section 18(1) distinguishes an allottee who wishes to withdraw from one who remains in the project. The requested relief should reflect that choice and the supporting facts. A complaint asking simultaneously for incompatible final outcomes without explaining alternatives can create confusion. Review the agreement, possession date, payments, project status and correspondence before deciding how to frame the claim.
Delivered by: Advocate, Chartered Accountant
Read the service pageDelay Possession Compensation Claims
Review and representation support for a delay-related matter, subject to facts, documents and applicable law.
Delay analysis starts with the agreement’s possession commitment and the events said to affect it. The registered project date, a later portal extension and the contractual date should be recorded separately. Do not assume that a registration extension automatically replaces the agreement date. The buyer’s decision to remain or withdraw affects the Section 18 relief sought.
Delivered by: Advocate, Chartered Accountant
Read the service pageDefect Liability Claims (Section 14)
Support assessing and documenting a reported defect matter, subject to the applicable statutory requirements and evidence.
Section 14(3) addresses a structural defect or another defect in workmanship, quality or provision of services, or another promoter obligation under the agreement, brought to notice within five years from handing over possession. It requires rectification without further charge within thirty days, failing which the aggrieved allottees are entitled to appropriate compensation as provided by the Act. The facts must establish the relevant defect and notice.
Delivered by: Advocate, Engineer, Architect
Read the service pageUnfair Agreement Clauses & Carpet Area Disputes
Review of agreement terms and area-related records for a case-specific advisory or dispute matter.
Begin with the statutory definition in Section 2(k), the agreement area schedule and the sanctioned plan. Carpet area excludes external walls, service shafts, exclusive balcony or verandah and exclusive open terrace, while including internal partition walls. A measurement using another convention should not be compared directly without reconciliation. Ask the technical professional to identify the method and drawing used.
Delivered by: Advocate, Architect, Engineer
Read the service pageAllottee Association Complaints & Group Litigation
Coordination support for group matters brought by multiple allottees, subject to individual mandates and procedural review.
A group may share a project-wide problem while individual buyers have different agreement dates, payments, possession commitments and remedies. Start with a common-issues schedule and an individual entitlement schedule. Delay, missing amenities, stalled work and common-area defects may require different evidence. Similar dissatisfaction does not automatically mean every buyer should seek the same final relief.
Delivered by: Advocate
Read the service pageDeveloper Defence
Case-specific representation and response support for developer proceedings; outcomes depend on facts and the decision of the Authority or Tribunal.
Identify the forum, proceeding, service date, next direction and relief sought before preparing a reply. A delay complaint, defect claim, scrutiny notice and proposed Section 7 revocation require different responses. The defence should address admitted facts, disputed facts, legal objections and supporting records separately. A generic denial of every allegation can conceal genuine compliance issues that need action.
Delivered by: Advocate, Chartered Accountant
Read the service pageExecution & Recovery
Support reviewing available execution and recovery procedures for an order, subject to current law and case facts.
Read the operative part of the order and identify the person bound, obligation, calculation basis, due date and service record. Check whether an appeal, stay, compliance or settlement changes what remains enforceable. An order quoted from a summary may omit conditions that matter. The enforcement application should seek implementation of the actual direction, not enlarge the award without a legal basis.
Delivered by: Advocate
Read the service pageAppeals & High Court Practice
Appellate and court-related representation support, subject to forum, matter scope and professional engagement.
Section 44 provides an appeal to the Appellate Tribunal within sixty days from receipt of the relevant direction, decision or order, with a sufficient-cause provision for delay. Record receipt evidence immediately and obtain advice on computation. The appeal needs a reasoned challenge to the order, the record below and precise relief; it is not simply a fresh complaint with the same allegations.
Delivered by: Advocate
Read the service pageConciliation & Settlement
Representation and documentation support for a proposed conciliation or settlement, where applicable.
Conciliation can be useful where the parties can identify a practical solution but need structured discussion and clear documentation. The disputed issues might concern a payment schedule, handover, repairs or an agreed exit. Participation and settlement should be voluntary within the applicable process. A willingness to talk is not an admission that every allegation or calculation is correct.
Delivered by: Advocate
Read the service pageLegal Notices & Replies
Case-specific drafting and review support for notices and replies based on the records and instructions received.
A notice should state the material facts, legal or contractual concern, remedy requested and a clear response mechanism. It should be drafted for the actual recipient and transaction. A buyer seeking documents, a society alleging rent default and an agent seeking commission need different notices. A long list of statutory sections without a connection to the facts is less useful than a precise explanation supported by records.
Delivered by: Advocate
Read the service pageWhen people come to this desk
- A project is delayed beyond the agreed possession date
- A notice or order has arrived and a time limit is running
- An order has been passed and not complied with
- A group of buyers in one project wants to act together
- Parties wish to explore settlement
What to have ready
- The agreement and all payment proof
- Every notice, reply and order
- MahaRERA registration details
- A dated chronology, even if rough
- Photographs or reports for defect and area claims
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Frequently asked questions
Will I win?
We cannot say. Outcomes depend on the facts and the decision of the Authority or Tribunal. We can assess documents and describe options and risks.
Are there time limits?
Yes, for appeals and some applications. Contact us promptly when you receive an order.
Can I file without a lawyer?
Yes. Section 56 allows representation by authorised representatives, and parties may also appear themselves.
What is the interest rate for delay?
It is prescribed by the applicable state rules; in Maharashtra, by reference to the State Bank of India’s highest MCLR plus a margin. Check the current rule text.
Contact us for a tailored proposal
Tell us about the property, project or dispute. We scope the work first and prepare a proposal for it.