Consumer Law9 min read

Filing a Builder-Buyer Complaint in Karnataka: RERA and Consumer Forum Remedies

By LNN Legal Team2024-02-229 min read

Introduction

Buying a flat or villa is often a lifelong dream, but delays, deviations, and unfair practices by builders have made real estate disputes one of the most common issues faced by homebuyers in Karnataka. In Bengaluru especially, complaints against developers for delayed possession, non-compliance with building plans, poor construction quality, or illegal demands are frequent. The law provides strong remedies through the Real Estate (Regulation and Development) Act, 2016 (RERA) and Consumer Protection Act, 2019. Knowing where and how to file a complaint helps homebuyers protect their rights and investments.

When Can You File a Complaint

A builder-buyer complaint can be filed when the builder fails to honour promises in the sale agreement or violates statutory obligations. Common grounds include failure to deliver possession on time, changes to the sanctioned plan, poor quality of construction, charging hidden amounts, refusal to refund booking amounts, or misrepresentation in advertisements. These acts are treated as deficiency of service under consumer law and as violations under RERA.

Remedies Under RERA

The Karnataka Real Estate Regulatory Authority (K-RERA) is the primary forum for addressing builder-related grievances. Complaints can be filed online or in person by filling out the prescribed form, paying a nominal fee, and attaching relevant documents like the agreement to sell, payment receipts, and project brochures. RERA can direct the builder to refund amounts with interest, pay compensation, or complete the project as promised. Orders passed by RERA are binding, and non-compliance can attract penalties. RERA's mandate to dispose of cases quickly makes it an attractive forum for homebuyers.

Remedies Under Consumer Forum

In addition to RERA, buyers may approach the Consumer Commissions under the Consumer Protection Act. The choice depends on the relief sought—while RERA primarily enforces compliance and refunds, consumer forums can award compensation for mental agony, deficiency in service, and unfair trade practices. The complaint is filed before the District, State, or National Consumer Commission based on the value of the claim. In Bengaluru, many buyers pursue parallel remedies in both RERA and consumer forums, depending on the case strategy.

Filing Process

The filing process begins with a well-drafted complaint stating the facts of the case, the obligations breached by the builder, and the relief sought. Supporting documents such as allotment letters, agreements, payment receipts, possession letters, and correspondence with the builder should be annexed. In RERA, the process is largely online and user-friendly, whereas in consumer forums, both online (via e-Daakhil) and offline options exist. After the complaint is filed, notice is issued to the builder, who must respond with a written reply. Hearings follow, and the authority or commission passes its order.

Practical Considerations

Before filing, buyers should review the agreement to confirm promised timelines and specifications. Collective complaints filed by multiple buyers in the same project often carry more weight. While individual buyers can represent themselves, engaging a lawyer ensures that the complaint is framed with the correct legal provisions and maximum reliefs are claimed. In cases where possession has been offered but construction is incomplete or facilities are missing, courts often direct builders to pay compensation while completing the project.

Conclusion

Homebuyers in Karnataka are no longer helpless against errant builders. With RERA and consumer forums, the law provides effective remedies to secure refunds, possession, or compensation. Acting quickly and filing a well-supported complaint ensures stronger chances of success. At LNN Legal, we represent homebuyers in RERA proceedings, consumer complaints, and real estate litigation across Bengaluru and Karnataka, helping clients enforce their rights and achieve timely relief against builders.

Tags

#Builder-Buyer#RERA#Consumer Law#Real Estate
LNN Legal – Advocates & Solicitors, Bengaluru