RERA Litigation & Dispute Resolution Desk
Homebuyer Complaints & Refund Claims
Case-specific complaint preparation and representation support, with statutory position verified for the matter and applicable state rules.
What this service involves
Section 18 distinguishes withdrawal with return of amounts and prescribed interest from continuing in the project with prescribed delay interest. Compensation is addressed as provided by law. Maharashtra Rule 18 uses the State Bank of India highest MCLR plus two percentage points, with its benchmark-substitution proviso; it is not a permanent fixed rate.
Complaints are filed under Section 31 with the Authority. A good complaint states the facts and dates, attaches the agreement and payment proof and asks for relief the Act permits. Outcomes depend on facts and the decision of the Authority or Tribunal.
How is a refund claim distinguished from a delay-interest claim?
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.
The payment schedule should identify each receipt, date and supporting bank evidence, including amounts paid through a lender. Reconcile promoter statements and refunds already received. The claim should explain the interest basis under the applicable rules without presenting an illustrative calculator result as the sum the Authority will award. Maharashtra Rule 18 uses the SBI highest MCLR plus two percentage points, subject to its benchmark-substitution proviso; it is not a fixed nationwide rate.
What evidence supports the allegation and chosen relief?
Prepare a chronology of booking, agreement, payments, promised possession, revised communications and the alleged default. Attach the relevant clauses and correspondence, not just a narrative of disappointment. Identify the correct promoter and registered phase. If the claim involves misleading advertisements, preserve the material relied on and explain how it induced the payment rather than assuming every promotional statement creates the same remedy.
Forum and relief need particular attention. Section 31 provides the complaint route, while Sections 71 and 72 concern adjudication of compensation. Refund, interest and compensation should not be treated as identical procedural requests. An advocate should assess the current jurisdictional position, parallel proceedings and any insolvency or stay order before submission.
What should a buyer expect after filing?
Retain the submitted complaint, annexures, service evidence and subsequent directions. Respond to deficiencies and participate in the process as directed. A filing acknowledgment is not a favourable order, and an order directing payment is not the same as receipt of money. If settlement is offered, compare its conditions, timing, releases and consequences of default with the claim being pursued.
If relief is granted but not complied with, a separate enforcement step may be needed. Appeals and stay applications can also affect the position. The engagement should state whether it includes filing, hearings, calculations, settlement documentation or enforcement. Outcomes depend on facts and the decision of the Authority or Tribunal; this page does not promise a refund, recovery period or amount.
Practical decision points
If a buyer has paid through both personal funds and loan disbursements, prepare one reconciled payment schedule showing each receipt and any refund already credited. The claim should not double-count a lender disbursement as both a bank transfer and a promoter receipt. Identify the agreement and payment records supporting the amount claimed.
Where withdrawal is sought, explain that choice consistently in the prayers and proposed settlement instructions. If alternative relief is pleaded, obtain advice on its framing rather than combine incompatible requests without explanation. A proposed refund schedule should address interest, instalments, default and the treatment of any pending claim before the buyer signs a release.
The case handover should include the filed version, chronology, calculation, service evidence and next directions. If the order later grants payment, update the outstanding ledger and assess enforcement separately. A favourable decision is not confirmation that funds are available or that collection will occur by a particular date.
Who needs it
Allottees whose project is delayed or whose promoter has not performed.
Documents usually required
- Agreement for sale or allotment letter
- Payment receipts and bank statements
- Correspondence with the promoter
- MahaRERA registration details of the project
- Possession dates promised and revised
Step-by-step process
- Review documents and chronology
- Identify the relief available under the Act and rules
- Send a notice if appropriate
- Prepare and file the complaint
- Attend hearings
- Pursue implementation of an order
Typical timeline
Timelines depend on the Authority’s schedule and the respondent’s response. 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 18 (return of amount and compensation)
- RERA Act, 2016, Section 31 (filing of complaints)
- RERA Act, 2016, Section 56 (right to legal representation)
- 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
Will I get a refund?
Not necessarily. Outcomes depend on the facts, documents and decision of the Authority.
Can I appear myself?
Yes, or through an authorised representative under Section 56.
Related services
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