Indian real estate has seen significant regulatory reform with the enactment of the Real Estate (Regulation and Development) Act, 2016 (RERA). For homebuyers—especially NRIs and Indians living abroad—RERA has become a critical safeguard against delays, misrepresentations, and unfair trade practices. However, many NRIs are unsure how to initiate a Complaint Against a Builder when they cannot be physically present in India.

This comprehensive guide explains how to file a RERA Complaint Against a Builder from abroad, the legal requirements, the documentation process, jurisdiction issues, timelines, and what NRIs can realistically expect from RERA authorities. The information is factual, compliant with Indian legal guidelines, and written to be accessible for a general audience.

Understanding RERA: Key Provisions Relevant to NRI Homebuyers

RERA was enacted to regulate the real estate sector, increase accountability, and protect homebuyers from malpractice. The Act applies uniformly across Indian states, though each state has its own RERA authority, rules, and online portal.

Some core provisions relevant to filing a Complaint Against a Builder include:

● Mandatory Registration

Builders must register new projects with the state RERA authority and provide accurate project details.

● Timely Possession

Under Section 18, homebuyers can seek compensation or refund if the builder delays possession.

● Transparency Obligations

Builders must regularly update project progress and financial status.

● Grievance Redressal

Under Section 31, any aggrieved person—including NRIs—may file a complaint with RERA or the Adjudicating Officer (AO) for violations.

These provisions apply equally to residents in India and NRIs abroad.

Why NRIs Often Need to File Complaints from Abroad

NRIs frequently face challenges such as:

  • Project delivery delays

  • Unexpected price escalation

  • Construction quality issues

  • False representations by developers

  • Failure to handover documents

  • Non-refunding of booking or advance amounts

Since many NRIs cannot travel to India to resolve these issues, RERA’s online filing system enables them to take action from any country.

Can an NRI File a RERA Complaint from Abroad?

Yes. Under RERA, any aggrieved person, including NRIs, foreign citizens of Indian origin, or persons residing outside India, can file a complaint online through the relevant state RERA authority.

You do not need to be physically present in India to submit documents, make payments, or participate in hearings. RERA authorities generally accept:

  • Online complaint submissions

  • Online filing fee payments

  • Virtual or written representation

  • Representation through an authorized representative with a Power of Attorney

When Should an NRI File a Complaint Against a Builder Under RERA?

NRIs may file a complaint for violations such as:

● Delay in Possession

One of the most common issues, often addressed under Section 18(1) for refund or interest.

● Non-Completion of Project

If construction milestones differ from what was promised or registered.

● Changes in Layout or Specifications

Material changes without buyer consent are violations.

● Extra Charges Not Mentioned in Agreement

Demanding hidden or arbitrary charges.

● Illegal Project or Non-Registration

If a builder sells units in an unregistered project.

● Withholding Original Documents

Including allotment letters, receipts, or sanction plans.

These reasons allow NRIs to file a legally valid Complaint Against a Builder through the RERA grievance platform.

Step-by-Step Process: How to File a RERA Complaint from Abroad

The RERA complaint process is mostly digital, making it easy for NRIs to initiate proceedings.

Step 1: Identify the Correct State RERA Authority

RERA jurisdiction is state-specific. The complaint must be filed where the project is located, not where the buyer resides.

For example:

  • A project in Pune → File with Maharashtra RERA

  • A project in Noida → File with UP RERA

  • A project in Gurugram → File with Haryana RERA

Step 2: Register on the State RERA Portal

You must create an account using:

  • Passport or Aadhaar

  • Email ID

  • Indian or international mobile number

  • Residential address abroad

Most RERA portals accept foreign numbers.

Step 3: Choose the Correct Type of Complaint

RERA portals usually allow two categories:

● Complaint before Regulatory Authority

Used for violations such as delay, false information, or non-compliance.

● Complaint before Adjudicating Officer (AO)

Used for compensation or refund claims under Section 18.

NRIs must select the type of complaint based on their objective.

Step 4: Drafting the Complaint

A strong Complaint Against a Builder should include:

  • Buyer details (including address abroad)

  • Builder details

  • Project registration number

  • Facts of the case in chronological order

  • RERA sections violated

  • Relief sought (refund, interest, compensation, direction to complete work, etc.)

  • Supporting evidence

The language must be factual and non-accusatory.

Step 5: Attach Supporting Documents

Common documents include:

  • Agreement for Sale or Builder-Buyer Agreement

  • Allotment letter

  • Payment receipts

  • Bank statements (if needed)

  • Emails and WhatsApp communication

  • Advertisements or brochures

  • Project registration details

  • Identity proof (passport/Aadhaar)

Scanned PDFs are acceptable.

Step 6: Pay Filing Fee Online

Most RERA filing fees range from INR 1,000 to INR 5,000, depending on the state.
Payments can be made through:

  • International debit/credit cards (if accepted)

  • NRE/NRO accounts

  • Net banking

  • Payment gateways

Step 7: Attend the Hearing (Online or Through Representative)

RERA hearings may be conducted:

  • In person

  • Through video conferencing (varies by state)

  • Through written submissions

  • Through an authorized representative (with Power of Attorney)

NRIs often rely on Power of Attorney (PoA) for representation before RERA.

Step 8: Obtain the RERA Order

After reviewing submissions, the Authority issues a reasoned order.
Possible outcomes include:

  • Refund with interest

  • Compensation for delay

  • Penalty on builder

  • Directions to complete the project

  • Correction of discrepancies

Compliance timelines vary across states.

Filing Through Power of Attorney (POA) from Abroad

NRIs commonly file RERA complaints using a legally executed PoA.

Requirements for PoA Executed Abroad:

  • The PoA should be notarized by a local notary.

  • It must be attested at the Indian Embassy/Consulate.

  • After arrival in India, it may require stamping under the Indian Stamp Act (varies by state).

The PoA holder can submit forms, attend hearings, upload documents, and receive communication.

Jurisdiction Considerations for NRI Complaints

Territorial Jurisdiction

RERA jurisdiction is always tied to the location of the property, regardless of the buyer’s residence abroad.

Subject-Matter Jurisdiction

RERA covers complaints related to:

  • Delayed possession

  • Project quality

  • Regulatory violations

  • Compensation matters

Issues outside RERA’s purview (e.g., criminal fraud, land disputes) may fall under other forums such as consumer courts or civil courts—but such advice is outside the scope of this article.

Legal Basis for Filing a RERA Complaint from Abroad

The ability of NRIs to file complaints relies on key legal provisions:

● Section 31, RERA Act

Allows “any aggrieved person” to file a complaint. No residency requirement is imposed.

● Section 71

Gives Adjudicating Officers the authority to determine compensation claims.

● Section 18

Provides the right to seek refund or interest for delay.

● State-Specific RERA Rules

State RERA rules often explicitly allow online complaint filing and representation through PoA.

Common Issues NRIs Face and How RERA Addresses Them

1. Delay in Possession

One of the most searched issues related to real estate is delay in possession by builder.
Under RERA:

  • Buyers may seek interest for every month of delay.

  • They may ask for a refund if they wish to exit the project.

2. Misrepresentation About Project Status

Builders must update construction progress and financial statements on the RERA portal.

3. Non-Refund of Booking Amount

Under RERA rules, refunds must be processed within timelines if ordered.

4. Unauthorized Construction Changes

RERA requires buyer consent for material changes in layout or project plans.

5. Quality and Structural Defects

Under Section 14(3), the builder must rectify structural defects reported within five years of possession.

Practical Tips for NRIs Filing a RERA Complaint

● Maintain Documented Communication

Use email rather than calls to preserve evidence.

● Save All Payment Records

Ensure receipts match the stage-wise payments agreed in the builder-buyer agreement.

● Use the Correct RERA Registration Number

Every registered project has a unique number that must be included in the complaint.

● Keep Your Address Abroad Updated

RERA authorities send notices to the address and email provided.

● Prepare a Clear Chronology

RERA prefers concise, date-based summaries of events.

● Double-Check State-Specific Requirements

Some states require affidavit formats, while others accept simple declarations.

Expected Timelines for RERA Complaints

Timelines vary, but in most states:

  • Registration of complaint: Immediate upon submission

  • First hearing: Usually 30–60 days

  • Final order: Typically 3–6 months

However, actual timelines depend on the volume of cases and state procedures. RERA aims for speedy resolution but does not guarantee strict deadlines.

Remedies Available Under RERA for NRIs

● Interest for Delay

Interest is usually linked to the SBI Marginal Cost Lending Rate (MCLR) + a prescribed percentage.

● Refund of Amount Paid

Buyers may request a full refund with interest if they no longer wish to continue.

● Compensation

Adjudicating Officers can award compensation for loss caused by builder violations.

● Compliance Directions

RERA may direct the builder to speed up construction or correct defects.

● Penalties on Builder

RERA authorities can impose financial penalties for non-compliance.

Limitations of RERA Complaints

While RERA is powerful, it has some limitations:

  • It cannot handle criminal matters such as cheating or fraud.

  • It cannot resolve inter-buyer disputes.

  • Execution of orders can take additional time if the builder does not comply.

  • Compensation amounts vary depending on evidence and legal factors.

These limitations are important for NRIs to understand, as outcomes depend on facts and law, not expectations.

Frequently Asked Questions (FAQs)

1. Can I file a RERA complaint if the project is not registered?

Yes. Complaints can be filed for selling in unregistered projects, as registration is mandatory under RERA for eligible projects.

2. Do I need to travel to India for hearings?

Not necessarily. Many RERA authorities allow representation through PoA or accept written submissions. Some states also conduct online hearings.

3. What if the builder refuses to refund my money?

You may file a complaint seeking a refund with interest under Section 18. Whether it is granted will depend on the specific facts and RERA’s findings.

4. How long does RERA take to resolve complaints?

Many cases are decided within 3–6 months, but timelines vary by state.

5. Can an NRI file a complaint jointly with a family member in India?

Yes. Joint complaints are allowed as long as documents are submitted for all co-allottees.

6. Is legal representation mandatory?

No. RERA is designed to be accessible. Buyers may represent themselves or appoint a representative through Power of Attorney.

7. Can I claim compensation for mental harassment?

Compensation claims depend on evidence and the adjudicating officer’s discretion. RERA does not guarantee compensation for subjective loss but considers documentary proof.

8. What happens if the builder still does not comply with the RERA order?

Non-compliance may lead to penalties under Section 63 or enforcement actions under state rules. Execution processes differ across states.

Filing a Complaint Against a Builder from abroad is fully possible under RERA’s flexible and buyer-friendly framework. NRIs can file complaints online, upload documents digitally, make payments electronically, and participate in hearings through an authorized representative or remote channels.

RERA provides strong statutory backing under Sections 18, 31, and 71, ensuring that homebuyers—whether in India or overseas—have access to timely redressal. While outcomes depend on individual facts and legal considerations, the complaint system is transparent, structured, and designed to protect buyer interests.

Understanding the steps, documentation, jurisdiction rules, and available remedies allows NRIs to navigate the RERA complaint process effectively and assert their rights under Indian real estate law.