How a RERA Complaint Moves: Authority, Tribunal, High Court and Recovery for Bengaluru Buyers

A Bengaluru buyer who decides to take a promoter to RERA faces a sequence of questions before writing a single line of the complaint. Which body hears it? How long should it take? What happens if the order goes against you, or if the promoter simply does not pay? The Real Estate (Regulation and Development) Act, 2016 answers each step, and the answers fit together into a path from complaint to recovery.

The Ministry of Housing and Urban Affairs lays out that path across several answers in its July 2025 FAQs on the Act. This guide strings them together in order, so a buyer can see the whole route before choosing to start on it.

The short answer. MoHUA's FAQ says a complaint is filed "with the Regulatory Authority or Adjudicating Officer, as the case may be" under Section 31, and that the Authority should decide "not later than sixty days from the date of filing," recording reasons if it cannot. Appeals go to the Appellate Tribunal, which should also endeavour to decide within sixty days, and from there to the High Court. Unpaid interest, penalty or compensation "becomes recoverable as an arrear of land revenue." The trade-off: RERA offers a specialised and time-bound route, but a buyer can use only one forum for the same dispute, so starting at RERA means not running a parallel consumer case.

Where does a Bengaluru buyer file a RERA complaint?

With the Authority or the Adjudicating Officer. The FAQ says "Section 31 of the Act provides for filing of complaint by an aggrieved with the Regulatory Authority or Adjudicating Officer, as the case may be." It adds that "The form and manner and the fees payable for filing the complaint are to be specified by Rules to be made by the appropriate Government." For a Bengaluru project, those Rules are Karnataka's.

The split between the two matters. The FAQ says the Adjudicating Officer "is mandated to adjudicate on disputes arising under section 12, 14, 18 and section 19" and "shall be a person who is or has been a District Judge." Those sections cover false advertisements, plan changes and defects, return of amount and compensation, and allottees' rights and duties. Compensation claims under them go to the Adjudicating Officer.

Who can complain is broad. The FAQ says that under Section 2(d), an allottee "includes a person who acquires the said apartment / plot through transfer or sale, but does not include a person to whom such plot, apartment is given on rent." A Bengaluru buyer who took over a booking or bought a flat from its first owner can therefore be an allottee, while a tenant is not. Complaints can also concern real estate agents, since the FAQ says agents selling registered projects must register and comply with "the duties and responsibilities as provided therein."

How long should the Authority take?

Sixty days, as an outer target. The FAQ says "Section 29 provides that the Authority should endeavour to dispose of the questions / complaints as expeditiously as possible but not later than sixty days from the date of filing the same. However, where it could not be disposed of during said period the Authority is required to record its reasons for the same."

The word "endeavour" matters: the Act sets a target and requires reasons if it is missed. A buyer who is past sixty days can check whether the Authority has recorded its reasons.

The Authority's website is a useful companion during a case. The FAQ says that under Section 34 it must maintain a website of records for public viewing, including "details of projects in case of revocation of registration or where any project penalized under the Act." Checking whether a project has been penalised before, or whether its registration was revoked, gives context to a complaint.

The FAQ also describes how the Authority runs hearings. It "is required to be guided by the principles of natural justice, which means it must conduct hearings fairly and impartially, giving all parties a chance to be heard before making decisions," and it "has the power to regulate its own procedures within the framework of the Act and relevant rules." Under Sections 35 to 38, the FAQ says, the Authority has powers "to call for information, conduct investigations, issue interim orders/ directions, impose penalty or interest etc."

What factors decide compensation?

Gain, loss and repetition. The FAQ says that while deciding disputes under sections 12, 14, 18 and 19, the Adjudicating Officer shall "have regard to the amount of disproportionate gain or unfair advantage, the amount of loss, repetitive nature of the default and such other factors that the Adjudicating Officer may consider necessary in furtherance of justice."

For a buyer, that list is a guide to the evidence worth assembling: payment records and the agreement for the loss side, and any record of the promoter's conduct for the gain and repetition side. Our guide to five-year defect liability under Section 14(2) shows how this works for a defect claim.

How do appeals work?

Tribunal first, then High Court. The FAQ says "The Appellate Tribunal is a quasi-judicial body, which is empowered to hear appeals from the orders / decisions / directions of the Regulatory Authority or the Adjudicating Officer." On timing, it says "Section 44 provides that the Appellate Tribunal should endeavour to dispose of the appeal as expeditiously as possible but not later than sixty days from filing the appeal," again with reasons recorded if not.

The FAQ says the Tribunal's Chairman "shall be a sitting or retired Judge of the High Court," and that the Tribunal has at least two Members, "one of whom shall be a Judicial Member and the other shall be a Technical or Administrative Member." Beyond the Tribunal, "Any person aggrieved by the decision or order of the Appellate Tribunal can file and appeal with the High Court." Our report on the Karnataka appellate tribunal's ruling on Casa Grande Lorenza shows a tribunal decision in practice.

What if the promoter does not pay after an order?

Recovery as land revenue, plus penalties. The FAQ says that if a promoter, allottee or agent "fails to pay any interest, penalty, or compensation imposed by the adjudicating officer, Regulatory Authority, or Appellate Authority under the RERA Act, the amount becomes recoverable as an arrear of land revenue." It adds that orders not followed "can be enforced through prescribed legal procedures."

Penalties for non-compliance are separate. Under Section 63, the FAQ says a promoter who fails to comply with the Authority's orders is liable to a daily penalty that "may cumulative extend upto five percent of the estimated cost of the real estate project." Under Section 64, for the Tribunal's orders, it may extend "upto ten percent of the estimated cost of the real estate project or with imprisonment for a term which may extend upto three years or with both." Our report on a K-RERA refund recovery before the Karnataka High Court follows one recovery through the courts.

Can the same dispute also go to a consumer forum or civil court?

Not both, and not a civil court. The FAQ says that under Section 79 "civil courts are barred from entertaining disputes (suits or proceedings) in respect of matters which the Authority or the adjudicating officer or the Appellate Tribunal is empowered under the Act to determine," while "the consumer forums (National, State or District) have not been barred." It adds that the Section 71 proviso lets a complainant move a complaint on sections 12, 14, 18 and 19 from a consumer forum to the Adjudicating Officer.

On duplication, it says "The laws of the country do not permit forum shopping, thus, an aggrieved can only approach one of the two for disputes over the same matter." A buyer in a Bengaluru project such as Kalyani Living Tree in Bagalur, or any other, should pick one route at the outset, ideally with legal advice.

What should a Bengaluru buyer prepare before filing?

1. Identify the provision your complaint rests on, such as Section 18 for delay or Section 14 for defects.
2. Decide on one forum, RERA or a consumer forum, since the FAQ says you can approach only one.
3. Check the Karnataka Rules for the complaint form, manner and fee.
4. Gather the agreement for sale, payment receipts and bank records to show your loss.
5. Collect correspondence and brochures showing the promoter's promises and conduct.
6. Note the filing date and track the sixty-day target, checking for recorded reasons if it passes.
7. If an order is not paid, ask about recovery as an arrear of land revenue.

Frequently asked questions

Where do I file a RERA complaint in Bengaluru?

MoHUA's RERA FAQ says Section 31 provides for filing a complaint with the Regulatory Authority or the Adjudicating Officer, as the case may be. The form, manner and fees are specified in Rules made by the appropriate Government, which for a Bengaluru project means the Karnataka Rules.

How long does RERA take to decide a complaint?

According to MoHUA's FAQ, Section 29 says the Authority should endeavour to dispose of complaints as expeditiously as possible but not later than sixty days from filing. Where it cannot, it must record its reasons. The Appellate Tribunal has a similar sixty-day target for appeals under Section 44.

Can I appeal a RERA order in Karnataka?

Yes. MoHUA's FAQ says the Appellate Tribunal hears appeals from orders, decisions or directions of the Regulatory Authority or Adjudicating Officer. Any person aggrieved by the Appellate Tribunal's decision or order can then file an appeal with the High Court, according to the FAQ.

What happens if a builder does not pay RERA compensation?

MoHUA's FAQ says interest, penalty or compensation imposed under the RERA Act that is not paid becomes recoverable as an arrear of land revenue. A promoter who does not comply with the Authority's orders is also liable to a daily penalty of up to five percent of the estimated project cost.

This article explains the Ministry of Housing and Urban Affairs' general FAQs for information only and is not legal advice. The FAQ itself notes it is not a final interpretation of the Act.

Last updated 2026-11-09. PropNewz Team.