How to File a RERA Complaint in Karnataka Against a Builder

You can file a RERA complaint in Karnataka against a builder under Sec. 31 of the Real Estate (Regulation and Development) Act, 2016 for delayed possession, unauthorised changes, defects or other violations. File through the Karnataka Real Estate Regulatory Authority’s complaint process with supporting documents and the prescribed fee. For qualifying possession delays, Sec. 18 allows withdrawal with refund and interest, or continued ownership with interest until possession.

What grounds support a RERA complaint in Karnataka?

A complaint must identify a breach of the RERA Act, applicable rules or the promoter’s enforceable obligations.

The following provisions of the Real Estate (Regulation and Development) Act, 2016, referred to below as the RERA Act, commonly apply:

Complaint ground	Relevant provision	Important qualification
Delayed possession	Sec. 18 RERA Act	Check the agreement’s possession date and legally applicable extensions.
Unauthorised alterations	Sec. 14 RERA Act	Consent requirements differ for your apartment and common project changes.
Structural, workmanship, quality or service defects	Sec. 14(3) RERA Act	Notify the promoter within five years of handing over possession.
Collecting more than 10% before the agreement	Sec. 13 RERA Act	A written, registered agreement for sale is required before exceeding this threshold.
Failure to register a qualifying project	Sec. 3 RERA Act	Statutory registration exemptions must be considered.
Misleading advertisements or prospectuses	Sec. 12 RERA Act	Preserve the representation and evidence of resulting loss.

Under Sec. 14(3) RERA Act, covered defects must be rectified without further charge within 30 days of notice, failing which appropriate compensation may be claimed. Not every maintenance issue qualifies.

For specified changes to sanctioned plans, layouts and common areas, Sec. 14(2) RERA Act generally requires written consent from at least two-thirds of the allottees, excluding the promoter.

Should you claim a refund, delay interest or compensation?

Choose refund if you want to exit a qualifying delayed project, or delay interest if you want to retain the apartment.

Under Sec. 18(1) RERA Act, a buyer withdrawing because the promoter fails to complete or give possession as required can seek return of amounts received, with prescribed interest and compensation as legally available. A buyer who stays can seek interest for every month of delay until possession.

These are distinct remedies. Clearly state your primary claim and any alternative relief instead of demanding inconsistent outcomes simultaneously.

Karnataka’s prescribed interest benchmark under Rule 16 Karnataka Real Estate (Regulation and Development) Rules, 2017 is SBI’s highest marginal cost of lending rate plus two percentage points. It is not automatically the buyer’s home-loan rate.

Refund and interest claims are determined by the Authority; compensation under Sec. 12, Sec. 14, Sec. 18 and Sec. 19 RERA Act falls within the adjudicating officer’s remit under Sec. 71 RERA Act. Correctly identifying the forum matters.

What documents should you prepare before filing?

Prepare documents establishing the transaction, payments, promised obligations, breach and requested relief.

Keep readable, chronologically arranged copies of:

• Agreement for sale, allotment letter and amendments.
• Payment receipts, bank statements and loan-disbursement records.
• Builder emails, demand letters, messages and replies.
• Brochures or advertisements containing relevant promises.
• Project registration details and available K-RERA disclosures.
• Photographs, inspection reports and written defect notices.
• Possession offers and available occupancy or completion certificates.

Include a short chronology and payment-wise interest calculation. Distinguish the contractual possession date from the registration completion date, and check any extension orders affecting your project.

For joint purchasers, identify the relevant parties and obtain necessary signatures or authorisations. Name the correct promoter entity, not merely its marketing brand.

How do you file the complaint step by step?

Use K-RERA’s online complaint facility, submit the appropriate claim and follow its filing, service and hearing directions.

1. Verify the project and promoter. Search the project’s registration, disclosures and existing orders. If registration is missing, investigate whether registration was legally required.
2. Send a written demand. Record the default, supporting dates and remedy sought. A prior legal notice is useful but is not a universal statutory prerequisite under Sec. 31 RERA Act.
3. Draft the complaint. Explain jurisdiction, facts, legal breaches and precise relief. Separate refund or interest claims from compensation requiring adjudication.
4. Submit documents and pay the prescribed fee. Use the correct complaint category and current portal instructions. Check whether additional signed copies or procedural steps are required.
5. Complete service. Supply copies to the promoter as directed and preserve proof.
6. Respond and attend hearings. Address objections, file requested documents and attend personally or through an authorised representative.
7. Obtain the order and monitor compliance. Record the payment or performance deadline.

Sec. 29(4) RERA Act provides a 60-day disposal endeavour for questions before the Authority, with reasons recorded where disposal takes longer. This is not a guaranteed completion deadline.

How might a ₹62 lakh refund claim be calculated?

A refund calculation should use each payment date, the applicable prescribed interest rate and the endpoint directed in the order.

Consider an illustration, not a reported case: a buyer paid ₹62 lakh for a North Bengaluru apartment, with possession promised in December 2023. By mid-2025, there was no occupancy certificate and lawful possession remained undelivered.

Assume, solely to demonstrate arithmetic:

• The entire ₹62 lakh was paid two years before the calculation date.
• The relevant benchmark is assumed to be 8.5%, making the illustrative rate 10.5%.
• The order permits simple interest for that full period.

Component	Calculation	Amount
Principal refund	Amount paid	₹62,00,000
Illustrative interest	₹62,00,000 × 10.5% × 2	₹13,02,000
Illustrative total	Principal plus interest	₹75,02,000

The assumed benchmark is not a statement of the applicable SBI rate. Verify the relevant rate and period. Instalments require separate calculations; filing expenses and compensation are not automatically included.

If the promoter defaults on the refund order, the buyer may seek recovery, including a recovery certificate routed to the competent district revenue authority.

Should you choose RERA or the consumer commission?

Both remedies can be available, but forum selection should reflect your relief, evidence and existing proceedings.

The Supreme Court has recognised that RERA does not oust the consumer remedy.

Consideration	K-RERA route	Consumer commission route
Main focus	RERA obligations and project compliance	Deficiency in service and unfair trade practices
Typical relief	Refund, statutory interest and compliance directions	Refund and compensation, including proven mental agony
Compensation forum	Adjudicating officer for specified RERA compensation claims	Consumer commission within its jurisdiction

Do not pursue duplicate recovery. Parallel claims for identical relief can face objections; disclose existing proceedings and obtain advice before switching forums. See our consumer complaint guide.

What happens if the builder ignores the order?

Seek enforcement promptly because a favourable order does not automatically produce payment.

Under Sec. 40 RERA Act, specified monetary amounts can be recovered as arrears of land revenue. Other directions are enforced through the prescribed process.

Submit the order, service proof, unpaid balance and updated calculations. Revenue recovery may involve the competent Deputy Commissioner or district administration, but collection can take time.

An appeal to the Appellate Tribunal is ordinarily due within 60 days of receiving the order under Sec. 44(2) RERA Act. A promoter’s appeal attracts the pre-deposit requirements of Sec. 43(5) RERA Act.

How SP & SC helps

SP & SC Legal and Taxation Services, Bengaluru, assists with claim assessment, drafting, representation and recovery.

We review agreements, assess the appropriate forum, calculate interest and prepare notices and pleadings. Our consumer, banking and ADR and civil litigation services support related disputes.

Fees are a fixed quote after reviewing the case, communicated before work starts. Contact SP & SC or message WhatsApp at +91 90356 74566 with your documents.

Frequently asked questions

The answers below address common filing concerns, subject to your documents and project history.

Is there a time limit for filing a RERA complaint?

Sec. 31 RERA Act specifies no express filing period, but limitation and delay objections can arise. File promptly rather than assuming unlimited time.

Can I get a refund from RERA?

Yes, where Sec. 18 RERA Act conditions are satisfied. Refund is not automatic merely because you change your mind.

Do I need a lawyer?

No. Sec. 56 RERA Act permits personal appearance and authorised representation, but legal assistance can help with contested facts and calculations.

What if the project is not RERA-registered?

You can report non-registration and seek appropriate relief where registration was mandatory. Sec. 59 RERA Act provides penalties; registration-exempt projects require separate assessment.

Does an occupancy certificate defeat my delay claim?

Not automatically. Its date and legal effect matter, but obtaining it later does not necessarily erase an earlier actionable possession delay.