Builder–Buyer DisputesDelhi courts
RERA Lawyer for Developers and Promoters in Delhi NCR
Manuja Law Partners acts for real estate developers and promoters before the RERA authorities, appellate tribunals and the High Court: defending allottee complaints, handling registration and compliance questions, and running appeals.
In short
A developer facing a RERA complaint should file a reasoned reply with the project's registration record, the agreement for sale, the possession timeline and the payment ledger, and should raise any objection to maintainability at the outset. If the authority orders a refund, interest or a penalty, the promoter can appeal to the Real Estate Appellate Tribunal within 60 days under Section 44 of the Real Estate (Regulation and Development) Act, 2016, but under Section 43(5) the appeal is heard only after the promoter deposits at least 30 percent of the penalty, or the full amount payable to the allottee with interest and compensation. A further appeal lies to the High Court within 60 days under Section 58 on a substantial question of law.
What developers instruct us on
The Real Estate (Regulation and Development) Act, 2016 placed most of the risk of a delayed or altered project on the promoter. We act for developers and real estate companies in Delhi and the NCR at three points:
- Complaints. Defending allottee complaints under Section 31 before the authority and compensation claims before the adjudicating officer.
- Compliance. Registration questions under Sections 3 and 4, extension of registration, changes to plans under Section 14, and the promoter’s obligations under Section 11 on disclosures, accounts and the transfer of common areas.
- Appeals. Appeals to the Appellate Tribunal under Section 44 and to the High Court under Section 58, and the pre-deposit that comes with them.
We do not act for homebuyers against builders. For an overview of how the different forums compare from the buyer’s side, which helps a developer anticipate a claim, see our note on RERA, the Consumer Commission and a civil suit.
Defending a complaint
Most complaints claim delay in possession, under Section 18, and ask for a refund with interest or interest for every month of delay. The defence turns on documents, so the first step is to assemble:
- the registration certificate, the declared completion date and any extension granted;
- the agreement for sale, especially the possession clause and any force majeure clause;
- the allottee’s payment record and the demand letters, to show any default by the allottee;
- sanctions, approvals and correspondence with the planning authority that explain the delay.
Objections to maintainability come first: a complaint by a party that is not an allottee, a claim already decided by a consumer forum, or a claim for compensation filed before the authority instead of the adjudicating officer. On the merits, a promoter can rely on delays caused by the statutory authorities or on the allottee’s own payment default, but the agreement and the record must show it.
Interest, refunds and the cost of losing
Where the authority finds delay, it orders interest at the rate prescribed in the state’s rules, and where the allottee withdraws, a refund of the amount paid with interest. On a large project these orders add up quickly. We calculate the developer’s exposure across all pending complaints at the start, because that figure decides whether a common settlement offer, revised possession dates or a unit exchange is better value than contesting every case.
Appeals and the pre-deposit
An appeal to the Appellate Tribunal must be filed within 60 days of receiving the order. For a promoter, Section 43(5) requires a deposit before the appeal is heard: at least 30 percent of a penalty, or the total amount to be paid to the allottee with interest and compensation. The Supreme Court upheld this in Newtech Promoters and Developers v. State of UP (2021). The deposit has to be planned for in the project’s cash flow, and on an order covering many allottees it can be a large sum.
From the Appellate Tribunal, an appeal lies to the High Court under Section 58 within 60 days, on the grounds set out in Section 100 of the Code of Civil Procedure, which means a substantial question of law. Findings of fact are hard to reopen at that stage, which is why the record before the authority matters.
Compliance before it becomes a complaint
Many complaints start with a compliance gap: an advertisement before registration, a change to the layout without the allottees’ consent, a missed quarterly update or a delay in forming the association of allottees. We review these with the developer’s team and propose fixes before an allottee or the authority raises them. For corporate questions around the project company, such as special purpose vehicles or investor rights, our corporate practice works alongside, and disputes with contractors or landowners go to our commercial disputes team or to arbitration where the contract provides for it.
Speaking to us
Send the registration certificate, the template agreement for sale, a list of pending complaints with their stage, and the authority’s orders so far. We review the exposure and the defence position and tell you which matters to contest and which to settle. Call or WhatsApp 99115 44811, or email manujalawyers@gmail.com.
A builder–buyer matter in Delhi?
Tell us what has happened. We will confirm the court, the deadlines already running and the next step.
Why instruct this chamber
Acting for you in Delhi
Developer side only
We act for promoters, developers and real estate companies. We do not take homebuyer complaints against builders, so there is no conflict when we defend a project's portfolio of cases.
Portfolio management
A delayed project usually draws dozens of complaints at once. We keep one defence position across all of them, track every hearing and compliance date, and flag where a common settlement offer would cost less than fighting each case.
Appeals planned from the first hearing
Because the pre-deposit under Section 43(5) is large, we build the record for appeal while the complaint is pending, so that the grounds are visible in the authority's own file.
Straight advice on exposure
We tell a developer early which complaints are defensible and which are not. No lawyer can promise that an authority will reject an allottee's claim, and we do not.
Common questions
Builder–Buyer questions — Delhi
How long does a promoter have to appeal a RERA order?
Sixty days from the date the promoter receives a copy of the order, under Section 44(2) of the Act. The Appellate Tribunal may entertain an appeal after that period if it is satisfied there was sufficient cause for the delay, but a developer should not plan on that.
Is the pre-deposit for a promoter's RERA appeal mandatory?
Yes. In Newtech Promoters and Developers v. State of UP (2021) the Supreme Court upheld Section 43(5) and held that the condition applies only to promoters and is a valid precondition for hearing their appeal. The deposit is at least 30 percent of a penalty, or the total amount ordered in favour of the allottee, including interest and compensation.
Can a homebuyer file in the Consumer Commission and also before RERA?
An allottee can choose either forum. The Supreme Court in Imperia Structures v. Anil Patni (2020) held that RERA does not bar a consumer complaint, but an allottee who has elected one forum is unlikely to be allowed to pursue the same relief in the other at the same time. Duplicate proceedings should be pointed out in the reply.
Who decides compensation claims against a developer under RERA?
The adjudicating officer appointed under Section 71, not the authority itself. Newtech Promoters held that the authority can order refunds, interest and penalties, while compensation under Sections 12, 14, 18 and 19 is for the adjudicating officer. A complaint that seeks compensation from the wrong forum can be objected to on that ground.
Can a developer change the sanctioned plan after selling units?
Only within limits. Section 14 of the Act requires the prior written consent of at least two-thirds of the allottees, other than the promoter, for additions or alterations to the sanctioned plans and specifications of the building or the common areas. Minor changes allowed under the section still need to be disclosed to allottees.
What is the penalty for selling an unregistered project?
Up to ten percent of the estimated cost of the project under Section 59(1), and on continued violation, imprisonment of up to three years or a further fine of up to ten percent, or both. Registration under Section 3 is required before a promoter advertises, markets or sells units in a project that is not exempt.
What happens if a developer does not comply with a RERA order?
The authority can impose a daily penalty under Section 63, cumulatively up to five percent of the estimated project cost, and orders for refund or interest can be recovered as arrears of land revenue under Section 40. Non-compliance also weakens any later request for time or a stay.
Is an allottee that bought units for investment protected by RERA?
Generally yes. The Act's definition of allottee in Section 2(d) is not limited to people buying a home to live in, so a company or investor buying units can usually file a complaint. Where the purchase was a speculative bulk deal on special terms, those terms are relevant to the defence on the merits.
Which RERA authority hears a complaint about a Gurugram or Noida project?
The authority of the state where the project is located. A project in Gurugram is before the Haryana Real Estate Regulatory Authority at Gurugram, and a project in Noida or Ghaziabad before the Uttar Pradesh authority; a Delhi project is before the Delhi authority. Each has its own rules on interest rates and forms.
Can a RERA complaint be settled during the hearing?
Yes. A settlement recording revised possession dates, a refund schedule or an exchange of units can be placed before the authority and the complaint disposed of in terms of it. The settlement should state that it is in full satisfaction, so that the same claim is not reopened later.
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- Telephone99115 44811
- Emailmanujalawyers@gmail.com
- ChamberChamber S-307, 3rd Floor, Delhi High Court, Pragati Vihar, New Delhi – 110003
- HoursMon–Sat, 9:30 am – 6:30 pm
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