RERA Authority, Adjudicating Officer or Tribunal: Where Bengaluru Buyers File and Appeal

A Bengaluru buyer with a delayed flat, a list of defects and an unanswered email trail may hear three different pieces of advice in the same week: go to RERA, go to the consumer commission, or file a civil suit. The Real Estate (Regulation and Development) Act, 2016 does not leave that choice entirely open. It sets out who decides what under the Act, how appeals run, and how the Act sits alongside other laws, in a handful of sections that are easy to miss: 31, 44, 58, 71, 79, 88 and 89.

This guide maps those sections so a buyer can see where a complaint under the Act goes, and where it goes next if the first answer is not the right one.

The short answer. Section 31 lets any aggrieved person, including an association of allottees, file a complaint with the Authority or the adjudicating officer for any violation of the Act. Under Section 71, compensation under Sections 12, 14, 18 and 19 is adjudged by an adjudicating officer, a serving or former District Judge. Appeals from the Authority or the adjudicating officer go to the Appellate Tribunal within sixty days under Section 44, and from the Tribunal to the High Court within sixty days under Section 58. Section 79 bars civil courts from matters the Authority, adjudicating officer or Tribunal is empowered to decide, while Section 88 says the Act is in addition to, not in derogation of, other laws. The trade-off: the RERA route is specialised and built for these disputes, but it has its own forms, fees and appeal deadlines that a buyer must track.

Who hears a complaint under the RERA Act?

The Authority or the adjudicating officer. In the text of the Act published by the Telangana regulator, Section 31(1) says any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of the Act or the rules and regulations made under it, against any promoter, allottee or real estate agent. The Explanation says "person" includes the association of allottees or any voluntary consumer association registered under any law. Section 31(2) leaves the form, manner and fees to regulations.

Section 71(1) then sets out a specific role. For adjudging compensation under Sections 12, 14, 18 and 19, the Authority appoints, in consultation with the appropriate Government, one or more judicial officers who are or have been District Judges as adjudicating officers. They hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard.

Those four sections cover misleading advertisements and model flats, departures from sanctioned plans and defects, delayed possession and refunds, and the rights and duties of allottees. Our earlier explainer on the adjudicating officer, the consumer forum and civil courts looks at the same question from the compensation side.

How do appeals work after a RERA order?

Two levels, each with a sixty day window. Section 44(1) says the appropriate Government, the competent authority or any person aggrieved by any direction, order or decision of the Authority or the adjudicating officer may appeal to the Appellate Tribunal. Section 44(2) says the appeal shall be filed within sixty days from the date on which a copy of the direction, order or decision is received, in the prescribed form and with the prescribed fee. A proviso lets the Tribunal entertain a later appeal if it is satisfied there was sufficient cause for the delay.

Beyond the Tribunal, Section 58(1) says any person aggrieved by a decision or order of the Appellate Tribunal may appeal to the High Court within sixty days from the date the decision or order is communicated. For a buyer, that means the date you receive each order matters as much as what it says. Note it on the day it arrives.

Here is how the clocks run in a hypothetical case. Suppose a buyer receives a copy of the adjudicating officer's order on 1 December 2026. Sixty days from that date falls on 30 January 2027, so an appeal to the Appellate Tribunal should be filed by then, unless the buyer can later show sufficient cause for a delay. If the Tribunal's own decision is communicated on 1 June 2027, sixty days takes the High Court deadline to 31 July 2027. The same arithmetic applies to the promoter, who can also appeal, so a buyer who wins at the first stage should expect that the matter may continue.

Can I go to a civil court instead of RERA?

Not for matters the Act gives to its own bodies. Section 79 says no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority, the adjudicating officer or the Appellate Tribunal is empowered by or under the Act to determine. It adds that no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act.

That bar is limited to matters the Act empowers those bodies to decide. It is not a general statement about every dispute a buyer might have. Where a dispute falls outside the Act's scheme, other forums may still be relevant, which is why a lawyer's view on the specific facts is worth having before you file.

Does RERA replace other laws?

No. Section 88 says the provisions of the Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. Section 89 says the provisions of the Act shall have effect notwithstanding anything inconsistent with them in any other law. Read together, the Act adds a layer of protection and remedies, and where there is a direct conflict, the Act prevails.

The Act also anticipated buyers who had already gone elsewhere. The proviso to Section 71(1) said that a person whose complaint on matters covered by Sections 12, 14, 18 and 19 was pending before a consumer forum or commission under the Consumer Protection Act, 1986, on or before the commencement of the Act, could, with the permission of that forum or commission, withdraw the complaint and file it before the adjudicating officer. That shows the Act's design: a specialised route that sits beside other remedies rather than erasing them.

How should a Bengaluru buyer choose where to file?

Start by naming the problem precisely. These steps follow the structure of the sections above.

1. Write down the specific section you believe was breached, for example Section 18 for delay or Section 14(3) for defects.
2. Decide whether you want a direction to the promoter, compensation, or both, since compensation goes to the adjudicating officer under Section 71.
3. Collect your agreement for sale, payment receipts, possession letter and correspondence before filing.
4. Check the state regulator's regulations for the complaint form, manner and fee under Section 31(2).
5. If several buyers share the problem, consider filing through the association of allottees, which Section 31 recognises.
6. When an order arrives, note the date you received it, because the sixty day appeal clock in Section 44 starts then.
7. Take legal advice on whether any part of your dispute falls outside the matters the Act empowers its bodies to decide.

For a delayed project, our guide on choosing between a refund and delay interest under Section 18 explains what to ask for once you are in the right forum.

A complaint filed through an association also lets the evidence of many buyers sit in one file. If you go that way, agree within the association on who signs, who keeps the documents and who tracks each deadline.

Are there fees for complaints and appeals?

The form, manner and fees for complaints are set by regulations under Section 31(2), and appeals to the Tribunal carry a prescribed fee under Section 44(2), so check the state regulator's current schedule before filing. The Act sets up a specialised forum for these disputes. Using it well still depends on the same basics as any dispute: a clear claim, the right section, and documents that prove the dates.

Frequently asked questions

Who can file a complaint under the RERA Act?

Section 31(1) says any aggrieved person may file a complaint with the Authority or the adjudicating officer for a violation of the Act or its rules and regulations, against a promoter, allottee or real estate agent. The Explanation includes an association of allottees and any registered voluntary consumer association.

How long do I have to appeal a RERA order?

Section 44 says an appeal against a direction, order or decision of the Authority or adjudicating officer goes to the Appellate Tribunal within sixty days of receiving a copy, though late appeals may be admitted for sufficient cause. Section 58 allows a further appeal to the High Court within sixty days.

Can I file a civil suit instead of a RERA complaint?

Section 79 says no civil court shall entertain a suit or proceeding on any matter the Authority, adjudicating officer or Appellate Tribunal is empowered to determine under the Act, and no injunction shall be granted against action taken under the Act. Disputes outside that scope may need other forums.

Does the RERA Act replace consumer protection law?

Section 88 says the Act is in addition to, and not in derogation of, any other law in force, and Section 89 gives it overriding effect where another law is inconsistent. The proviso to Section 71(1) let pending consumer complaints be withdrawn and refiled before the adjudicating officer with permission.

Last updated 2026-10-25. PropNewz Team.