RERA Complaint Filing in Haryana
If your builder has delayed possession, refused a refund or broken the agreement for sale, Section 31 of the RERA Act lets you file a complaint. For a Faridabad project, the complaint goes to HRERA Panchkula, and claims for compensation go to its adjudicating officer.
What it is
A RERA complaint is a formal complaint to the Real Estate Regulatory Authority against a promoter, an allottee or a real estate agent who has broken the RERA Act, the rules or the regulations. Most complaints come from home buyers whose flat or plot is late or whose money is stuck with the builder.
Section 31(1) of the Real Estate (Regulation and Development) Act, 2016 says “any aggrieved person” may file a complaint with the Authority or the adjudicating officer, as the case may be. In Haryana, Rule 28 of the Haryana Real Estate (Regulation and Development) Rules, 2017 covers complaints to the Authority in Form CRA, and Rule 29 covers complaints to the adjudicating officer in Form CAO.
Haryana has two authorities, HRERA Gurugram and HRERA Panchkula. Faridabad projects are registered with HRERA Panchkula, under numbers that begin “HRERA-PKL-FBD”, so a complaint about a Faridabad project goes to Panchkula.
Say you booked a flat in a Faridabad group housing project, possession was promised for 2023, and no offer has come. That is a Section 18 case, and it goes to HRERA Panchkula.
Who it applies to
You are still waiting for possession
Section 18(1) lets you either withdraw and take a refund with interest, or stay in the project and get interest for every month of delay until possession is handed over.
You found defects after moving in
Under Section 14(3), defects in structure or workmanship reported within five years of possession must be fixed by the promoter without charge, within 30 days.
You were misled by an advertisement
Section 12 makes the promoter compensate a buyer who paid an advance on the basis of a false statement in a notice, advertisement, prospectus or model flat.
Why it matters
Use a forum built for real estate
HRERA deals with real estate projects, promoters and agents. It can direct refunds, award interest and impose penalties under the Act.
Claim interest at a set rate
Rule 15 of the Haryana Rules sets the interest payable by a promoter at the State Bank of India’s highest marginal cost of lending rate plus 2%.
Enforce what you win
Under Section 40(1), interest, penalty or compensation that a promoter fails to pay is recoverable as arrears of land revenue.
Authority or adjudicating officer?
Decide this first. In Newtech Promoters and Developers Pvt. Ltd. v. State of Uttar Pradesh (11 November 2021), the Supreme Court drew the line clearly.
| What you want | Who decides | Haryana form |
|---|---|---|
| Refund of the amount paid, with interest | The Authority | Form CRA (Rule 28) |
| Interest for delayed possession | The Authority | Form CRA (Rule 28) |
| Directions or penalty for breach of the Act | The Authority | Form CRA (Rule 28) |
| Compensation under Sections 12, 14, 18 or 19 | The adjudicating officer | Form CAO (Rule 29) |
Here is the catch: file a compensation claim in Form CRA and you are in the wrong forum. The adjudicating officer is a judicial officer appointed under Section 71. The Act asks the officer to deal with a compensation application as quickly as possible and dispose of it within 60 days.
Documents required
Your purchase papers
- Allotment letter and builder-buyer agreement or agreement for sale
- Payment receipts and bank statements showing what you paid
- Home-loan sanction letter and tripartite agreement, if any
Proof of the problem
- Letters and emails with the builder, including any demand notice
- Possession offer, if one was made, and your reply
- Photographs or reports of defects
- Brochures or advertisements you relied on
For filing
- Registration form and detailed complaint, three copies each
- Project’s HRERA registration number
- Your ID and address proof
- A legal heir certificate, if the original allottee has died
- Proof that a copy was sent to the respondent
- Fee by demand draft or online payment
How it works
Read the agreement and the payment trail
We go through the agreement for sale, the promised possession date and every payment, to see what you can claim and from whom. A legal notice to the builder first puts your demand on record.
Choose the relief and the forum
Refund or delay interest goes to the Authority in Form CRA. Compensation goes to the adjudicating officer in Form CAO. Many buyers need both.
Draft the complaint for your review
We draft the complaint with facts, dates, the sections breached and the exact relief sought, and index the annexures. You sign it as complainant after checking every line.
Register online and submit the hard copies
On the HRERA Panchkula portal, the complaint is registered through the “Complaints” tab and a complaint number is generated. Three copies of the registration form and the complaint then go to the Authority’s office, by hand or by post. In practice, a neatly indexed paper book saves a round of queries.
Attend hearings and follow the order
Section 56 lets you appear in person or authorise a chartered accountant, company secretary, cost accountant or legal practitioner to present your case. After the order, we track compliance.
Timelines
Expect compensation decided in 60 days
Section 71 asks the adjudicating officer to dispose of a compensation application within 60 days, as expeditiously as possible.
Get a refund paid within 90 days
Rule 16 of the Haryana Rules makes a refund, with interest and compensation, payable by the promoter within 90 days.
Appeal within 60 days
Under Section 44(2), an appeal to the Appellate Tribunal must be filed within 60 days of receiving the order.
What happens if the promoter ignores the order
Recover it as land revenue
Section 40(1) makes unpaid interest, penalty or compensation recoverable from the promoter as arrears of land revenue.
Face a penalty for each day
Section 63 makes a promoter who fails to comply with the Authority’s orders or directions liable to a penalty for every day the default continues.
Deposit before any appeal
Under the proviso to Section 43(5), a promoter’s appeal is not entertained until it deposits at least 30% of the penalty, or the total amount payable to the allottee with interest and compensation, or both, as the case may be.
Frequently asked questions
Who can file a RERA complaint?
Any aggrieved person can. Section 31(1) of the RERA Act allows a complaint to the Authority or the adjudicating officer against any promoter, allottee or real estate agent for a violation of the Act, the rules or the regulations. Most complainants are home buyers. If a breach of the Act has hurt you, you have standing to file.
Where do I file a RERA complaint for a Faridabad project?
With HRERA Panchkula. Haryana has two authorities, and Faridabad projects are registered with HRERA Panchkula under numbers beginning “HRERA-PKL-FBD”, while Gurugram projects sit with HRERA Gurugram. Check the project’s registration number on the HRERA portal. We confirm the right authority at the first step, so your complaint lands in the correct place.
What is the fee for filing a complaint with HRERA Panchkula?
HRERA Panchkula’s complaint-filing steps set the fee at ₹1,000 per complaint plus ₹10 per annexure, paid online or by demand draft in favour of the Haryana Real Estate Regulatory Authority, Panchkula. Rule 28 ties the fee to Schedule III of the Haryana Rules. We work out the annexure count before filing, so the amount you pay is exact.
What is the difference between Form CRA and Form CAO?
Form CRA is a complaint to the Authority under Rule 28; Form CAO is a complaint to the adjudicating officer under Rule 29. In line with the Supreme Court’s Newtech ruling of 2021, refund, interest and delay interest are decided by the Authority, while compensation under Sections 12, 14, 18 and 19 is decided by the adjudicating officer. Where you want both, we prepare both.
How much interest will the builder pay on a refund?
In Haryana, Rule 15 fixes the rate at the State Bank of India’s highest marginal cost of lending rate plus 2%. The same rule applies to interest the promoter pays you for each month of delayed possession under Section 18(1). We prepare a payment-wise interest working so the claim is clear and easy to check.
Can I get both a refund and compensation?
Yes. Section 18(1) allows a buyer who withdraws to claim the refund with interest and also compensation. The Authority decides refund and interest and the adjudicating officer decides compensation, so you file Form CRA for the refund and Form CAO for compensation. We draft both so the facts line up.
Do I need a lawyer to file a RERA complaint?
No. Section 56 of the RERA Act lets you appear in person, or authorise one or more chartered accountants, company secretaries, cost accountants or legal practitioners to present your case before the Authority or the adjudicating officer. You sign the complaint yourself as complainant. We draft it for your review and arrange representation at hearings, so you are not facing the builder’s lawyers alone.
Can I complain against a property dealer?
Yes, if the dealer is a real estate agent under the Act. Section 31(1) covers complaints against agents as well as promoters. Agents must register with HRERA under Section 9 and follow the duties in Section 10, such as not selling unregistered projects and not making false statements. HRERA publishes lists of registered and revoked agents, which helps you identify the right respondent before filing.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
HRERA Panchkula’s filing steps put the complaint fee at ₹1,000 per complaint plus ₹10 per annexure, payable online or by demand draft in favour of the Haryana Real Estate Regulatory Authority, Panchkula.
Ready to begin?
Send us your agreement for sale and payment receipts. We will tell you what you can claim and prepare your complaint for HRERA Panchkula.