RERA Authority, Adjudicating Officer or Consumer Forum? Where a Bengaluru Buyer Should File

A Whitefield buyer whose possession is two years late usually hears three different answers in the same week. A neighbour says go to RERA. A cousin says the consumer court gave someone a bigger award. A lawyer friend mentions a civil suit. Each answer sounds confident, and each points to a different office, form and timeline.

The Real Estate (Regulation and Development) Act, 2016 does not settle every such question on its own, but it sets the frame. It divides work between the Regulatory Authority and an adjudicating officer, bars civil courts from matters the Act empowers its bodies to decide, says it applies in addition to other laws, and gives an appeal route with a pre-deposit for promoters. This guide reads those provisions from the Act so a Bengaluru buyer can ask better questions before filing.

The short answer. Under the RERA Act, any aggrieved person can complain to the Authority or the adjudicating officer for a contravention of the Act. Compensation under Sections 12, 14, 18 and 19 is adjudged by an adjudicating officer who is or has been a District Judge, who should dispose of the application within sixty days or record reasons. Section 79 bars civil courts from matters these bodies are empowered to decide, while Section 88 says the Act is in addition to, and not in derogation of, other laws. The trade-off: RERA is built for speed and has a specialist focus, but the right forum for your case depends on the relief you want, so take advice before you file.

What can the RERA Authority and the adjudicating officer each decide?

Section 31(1) of the Real Estate (Regulation and Development) Act, 2016 in its Gazette text allows any aggrieved person to file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the Act or the rules and regulations, against any promoter, allottee or real estate agent.

The phrase "as the case may be" matters because the Act gives the adjudicating officer a specific job. Section 71(1) says that for the purpose of adjudging compensation under Sections 12, 14, 18 and 19, the Authority shall appoint, in consultation with the appropriate government, one or more judicial officers who are or have been District Judges as adjudicating officers, to hold an inquiry after giving any person concerned a reasonable opportunity of being heard.

Those four sections cover the situations buyers most often face: false advertisements and model flats under Section 12, plan changes and defects under Section 14, delayed possession, refunds and defective title under Section 18, and the rights and duties of allottees under Section 19.

How quickly should a compensation claim be decided?

Section 71(2) says an application for adjudging compensation shall be dealt with by the adjudicating officer as expeditiously as possible and disposed of within sixty days from the date of receipt. Where that is not possible, the adjudicating officer must record reasons in writing for not disposing of the application within that period. Sixty days is the standard the Act sets rather than a guarantee, so plan your finances on the assumption that the process could take longer.

Section 71(3) gives the adjudicating officer power to summon and enforce the attendance of any person acquainted with the facts, and to call for documents. If satisfied that a person has failed to comply with any of the sections listed in Section 71(1), the officer may direct payment of compensation or interest as thought fit under those sections.

Section 72 lists the factors the adjudicating officer must have regard to when deciding the amount: the disproportionate gain or unfair advantage made as a result of the default, where quantifiable; the loss caused as a result of the default; the repetitive nature of the default; and other factors the officer considers necessary in furtherance of justice. Build your evidence around those factors.

Can a buyer still use a civil court or a consumer forum?

The Act contains provisions pointing in two directions, and both matter. The table below sets them side by side.

Read together, Section 79 shuts the civil court door on matters RERA's bodies can decide, while Section 88 keeps other laws alive alongside RERA. That combination is why buyers are often told they may have more than one forum available. Which one suits a particular case depends on the relief sought, the facts and how courts have read these provisions, so this is the point at which a short consultation with a lawyer earns its fee.

What happens after an order is made?

An order is only useful if it can be enforced. Section 40(1) says that if a promoter, allottee or real estate agent fails to pay any interest, penalty or compensation imposed by the adjudicating officer, the Authority or the Appellate Tribunal, it shall be recoverable in the prescribed manner as an arrears of land revenue. Section 40(2) adds that other orders or directions, if not complied with, shall be enforced in the prescribed manner.

Appeals are the other part of the picture. Under Section 43(5), any person aggrieved by a direction, decision or order of the Authority or an adjudicating officer may appeal to the Appellate Tribunal. Its explanation says "person" includes an association of allottees or a registered voluntary consumer association. Its proviso says a promoter's appeal shall not be entertained unless the promoter first deposits at least thirty percent of the penalty, or a higher percentage the Tribunal determines, or the total amount payable to the allottee including interest and compensation, or both, before the appeal is heard.

For a buyer, that pre-deposit is significant. It means a promoter cannot simply appeal to delay paying you without first putting money on the table.

How should a Bengaluru buyer prepare a RERA complaint?

Start with the relief you want. A refund with interest, interest for every month of delay while you wait for the flat, compensation for loss, rectification of defects and directions to the promoter are different requests, and the Act routes compensation to the adjudicating officer. Write down which one you are asking for before you choose the form, along with a one page chronology of dates: booking, agreement, each payment, the promised possession date and every letter exchanged.

Then assemble evidence around the Act's own tests. For delay, the possession date in your agreement for sale and the actual position on site. For defects, your dated defect list and the promoter's response within thirty days under Section 14(3). For false advertisements, the brochure or photographs of the model flat. For compensation, documents that show loss, such as rent paid while waiting, mapped to the Section 72 factors.

Our guides on delayed possession interest and refund under RERA and filing a complaint with Karnataka RERA cover the delay remedy and the filing process in more detail.

What should you do before choosing a forum?

A little preparation avoids filing in the wrong place. Use this checklist:

1. Write down the exact relief you want: refund, delay interest, compensation or directions.
2. Identify which section of the RERA Act your grievance falls under.
3. Note whether compensation is involved, since the adjudicating officer decides it.
4. Collect your agreement for sale, receipts, demand letters and correspondence.
5. Gather evidence of loss and of any gain the promoter made from the default.
6. Talk to other buyers in the project about a joint or association complaint.
7. Take advice on whether another forum is also open for your particular case.

Choosing a forum is a one time decision that shapes the next year or more of your life as a buyer. A clear statement of what you want, backed by the Act's own tests, makes whichever route you choose easier.

What do Bengaluru buyers ask about where to file a property complaint?

Who decides compensation claims under RERA?

Section 71(1) of the RERA Act says compensation under Sections 12, 14, 18 and 19 is adjudged by an adjudicating officer appointed by the Authority, who is or has been a District Judge. Section 71(2) asks the officer to dispose of the application within sixty days, or record reasons for the delay.

Can I file a civil suit against my builder instead of going to RERA?

Section 79 of the RERA Act says no civil court shall entertain a suit or proceeding on any matter that the Authority, adjudicating officer or Appellate Tribunal is empowered to determine. For matters within RERA's powers, a civil suit is therefore not the route. Take advice for matters outside it.

Does RERA stop me from using other laws?

Section 88 says the RERA Act is in addition to, and not in derogation of, any other law in force, while Section 89 gives RERA overriding effect over inconsistent laws. Whether another forum is open for your specific case depends on the relief and facts, so take legal advice.

Can a builder appeal a RERA order without paying?

No. Under the proviso to Section 43(5), a promoter's appeal to the Appellate Tribunal is not entertained unless it first deposits at least thirty percent of the penalty, or a higher share the Tribunal sets, or the total amount payable to the allottee with interest and compensation.

Last updated 2026-10-17. PropNewz Team.