Filing a RERA Complaint in Maharashtra: The Complete Guide
Expert Jurist LLP · Reviewed by Adv. Jyotishwar Bhosale · Updated 2026-08-18
The Real Estate (Regulation and Development) Act, 2016 gave homebuyers something they never had before: a specialised regulator with the power to order refunds, interest and compensation against defaulting promoters. In Maharashtra that regulator is MahaRERA — the busiest real-estate authority in the country.
This guide walks through the complaint process end to end: what RERA covers, the remedies the Act actually gives you, how a MahaRERA complaint is filed and heard, and what happens after the order. It is written by advocates who appear in these matters; it is general information, not advice on your specific facts.
What RERA covers — and what it doesn't
RERA applies to 'real estate projects' — broadly, projects above threshold size that were required to register with the authority, including ongoing projects that had not received a completion certificate when the Act commenced. Every registered project has a public page on the MahaRERA portal showing its registration, promised possession date, approvals and quarterly progress updates.
Not every property grievance is a RERA matter. Purely title-related disputes, tenancy issues, and projects genuinely outside registration requirements travel through civil courts or consumer commissions instead. The first strategic question in any builder dispute is therefore forum selection — and it shapes everything that follows.
The remedies: Section 18 and friends
Section 18 is the homebuyer's central weapon. If the promoter fails to complete or hand over possession in accordance with the agreement for sale, the allottee may withdraw from the project and claim a refund of the entire amount paid, with interest at the prescribed rate, and compensation where the Act provides for it.
Crucially, you do not have to exit. An allottee who wishes to stay in the project is entitled to interest for every month of delay until possession is handed over. The choice between refund-and-exit and stay-and-claim-interest is a genuine strategic decision — it depends on the project's realistic completion prospects, the market, and your financing.
Beyond Section 18, the Act supports complaints about false or misleading advertisement, deviation from sanctioned plans, structural defects within the defect-liability period, and failure to form the society or convey title — the same conveyance obligation that our deemed conveyance guide picks up from the society's side.
Filing the complaint before MahaRERA, step by step
The process is online and more accessible than most court proceedings, but the quality of drafting still decides outcomes.
- Assemble the record: agreement for sale, allotment letter, payment receipts and bank statements, the project's RERA registration page, and every material communication with the promoter.
- A legal notice to the promoter is not mandatory before MahaRERA, but a well-drafted notice often produces settlement leverage and always sharpens the record.
- Register on the MahaRERA portal and file the complaint in the prescribed form against the registered project, paying the prescribed fee (currently a few thousand rupees for a complaint before the Authority).
- Plead the reliefs precisely: refund with interest under Section 18, or interest for delay, plus compensation — vague prayers produce vague orders.
- Attend the hearings (largely conducted online), file written submissions where directed, and press for a reasoned order.
After the order: execution and appeals
Winning the order is half the battle; recovering money is the other half. Orders of the Authority are enforceable, and non-compliance can be pursued through execution proceedings — including recovery as arrears of land revenue.
Either side may appeal to the Maharashtra Real Estate Appellate Tribunal within the limitation period, and a promoter appealing a refund order must generally deposit the ordered amount before the appeal is entertained — a provision that has real settlement value for allottees. Further appeal lies to the High Court on questions of law.
RERA, consumer commission or civil court?
The Supreme Court has recognised that RERA does not oust the consumer fora — an allottee may often choose. As a working rule: registered project plus delay or Section 18 relief points to MahaRERA; unregistered projects, service-deficiency claims and composite grievances may fit the consumer commission; and complex title or fraud cases may still need the civil or criminal courts. Getting this choice right at the outset saves months.
Frequently asked questions
How much does it cost to file a RERA complaint in Maharashtra?
The filing fee before the Authority is modest — currently a few thousand rupees — and is prescribed by regulation. Professional fees vary with the matter's complexity; ask for a scope-based estimate before engaging counsel.
How long does a MahaRERA complaint take?
The Act directs authorities to endeavour to dispose of complaints within sixty days. Real timelines depend on the forum's board and the promoter's conduct; contested refund matters commonly take several months, which is still far faster than civil litigation.
Can I file against an unregistered project?
If the project was required to register and did not, that is itself a violation, and complaints can be pursued; where RERA genuinely does not apply, the consumer commission or civil court is the route. Forum selection is fact-specific.
Do I need to appear personally?
Hearings are largely online and you may appear through an advocate. Most allottees are represented, since pleading the correct reliefs and interest computation materially affects the order.
What interest rate applies to refunds?
Interest is at the prescribed rate under the Maharashtra rules, linked to a benchmark lending rate plus a margin — it changes with the benchmark, which is why orders state the formula rather than a fixed number.