RERA Litigation & Dispute Resolution Desk
Developer Defence
Case-specific representation and response support for developer proceedings; outcomes depend on facts and the decision of the Authority or Tribunal.
What this service involves
A promoter facing a complaint, a show-cause notice or an ex-parte order needs to respond to what has been alleged and no more. The Authority can also consider revocation of registration under Section 7 in defined circumstances, with a process of notice and an opportunity to be heard.
The defence depends on the records: project progress, payments, correspondence, approvals and the reasons for delay. Chartered Accountants prepare the financial record and advocates prepare the pleadings. We do not promise results.
How is a defence built from the actual allegation?
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.
Prepare a chronology from the project records, including agreements, payments, approvals, site progress, communications and earlier orders. Reconcile inconsistencies with public disclosures before filing. If the promoter relies on a buyer’s payment default, show the contractual demand and evidence. If the promoter relies on an external event, explain its connection to the period of delay rather than merely naming it.
What does a revocation or ex-parte response require?
Section 7(2) requires not less than thirty days’ written notice of proposed revocation grounds and consideration of the cause shown. Section 7(3) permits the Authority to continue registration subject to further conditions instead of revocation. A response should address the particular grounds, evidence of remediation and any realistic proposal; it should not describe continued registration as assured.
An ex-parte order or proceeding requires prompt advice about the actual procedural remedy, service record, delay explanation and any stay application. Filing an application does not itself suspend the order. Identify what compliance remains required while relief is sought. The availability of recall, appeal or another route must be checked under current law and the forum’s rules rather than assumed.
How are settlement and continuing duties handled?
A defence engagement should not stop necessary project compliance. Maintain filings, account controls and lawful disclosures while the dispute is pending. Settlement analysis should consider the client’s ability to perform the promised schedule and the effect on other allottees. Consent terms that cannot realistically be fulfilled may create further enforcement problems.
Keep litigation instructions, factual declarations and professional opinions clearly attributed. An advocate should identify risks and options, not promise dismissal or a stay. Appeals may involve promoter pre-deposit under Section 43(5), and that should be assessed before a strategy is presented as affordable or available. Outcomes depend on facts and the decision of the Authority or Tribunal; no defensive result is assured.
Practical decision points
If a promoter relies on an approval delay, the defence should identify the application, query, response, decision and construction activity affected. Missing client responses or unrelated site inactivity should not be omitted from the chronology. The advocate can then assess whether the evidence supports the defence actually proposed.
Where an ex-parte order is involved, preserve service records and the date the promoter learned of the order. The next procedural step depends on the forum and circumstances, and a request for relief should not be described as a stay until the competent forum grants one. Compliance risks should be explained while the application is pending.
A defence handover should include the approved factual narrative, exhibits, open compliance actions and management decisions needed. If settlement is considered, test the proposed schedule against actual project capacity and funding. An undertaking that the client cannot perform may worsen the dispute rather than resolve it. The engagement should identify the advocate and scope of appearances before any representation commitment is made.
Who needs it
Promoters responding to complaints, notices or orders.
Documents usually required
- The complaint, notice or order
- Agreement and payment records
- Project progress and approvals
- Correspondence with the complainant
- Financial statements
Step-by-step process
- Review the allegations and the order, if any
- Collect the records
- Assess defences available and their evidence
- File the reply or application
- Attend hearings
- Advise on compliance or appeal
Typical timeline
Time limits are set by the notice or order; engage quickly. Timing depends on the matter, document readiness and the relevant authority process; confirm the scope and timeline before engagement.
Delivered by
Advocate, Chartered Accountant. The disciplines involved in a particular engagement are confirmed in the proposal.
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.
Outcomes depend on facts and the decision of the Authority or Tribunal. Nothing on this page promises a result.
Statutory and official references
- RERA Act, 2016, Section 7 (revocation of registration)
- RERA Act, 2016, Section 6 (extension of registration; force majeure)
- RERA Act, 2016, Section 44 (appeals to Appellate Tribunal)
- Maharashtra Registration, Agent, Interest and Disclosure Rules, 2017: project/agent provisions and Rule 18 interest benchmark (read with amendments)
Last reviewed 2026-10-24. Owner-approved for publication. Section references and rates should be verified against the current Act, rules and circulars before reliance. This page is informational, not legal advice.
Frequently asked questions
Can an ex-parte order be challenged?
Procedures exist to apply for setting aside or to appeal; applicability depends on the order and the rules.
What is Section 7 about?
It covers circumstances for revocation of registration and the procedure for it.
Related services
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.