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Section 31: Filing of complaints with the Authority or the adjudicating officer

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Remedy
Regulatory Complaint
RERA Authority
Act 2016
Section 30 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 of RERA provides the procedural right enabling any aggrieved person to file a complaint with the Real Estate Regulatory Authority or the Adjudicating Officer for any violation or contravention of the Act, Rules, or Regulations.

  • Procedural Mechanism: Section 31 is the central procedural portal for seeking statutory redress under RERA.
  • RERA Regulatory Governance: Under sub-section (1), any aggrieved person (which includes individual allottees, associations of allottees, or consumer organizations) may file a complaint with the Authority or the Adjudicating Officer against any promoter, allottee, or real estate agent for any contravention or violation of the Act.

Sub-section (2) stipulates that complaints regarding refund, interest, and enforcement of statutory obligations lie before the Authority, while claims specifically seeking compensation and damages under Sections 12, 14, 18, and 19 lie before the Adjudicating Officer appointed under Section 71.

Key Landmark Precedents:
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021) SCC OnLine SC 1044: The Supreme Court authoritatively settled the jurisdictional boundary under Section 31: complaints for refund and interest under Section 18 fall within the exclusive jurisdiction of the Regulatory Authority, whereas claims seeking compensation and damages must be adjudicated by the Adjudicating Officer under Section 71.
Legal Commentary:

Section 31 complaints require minimal court fees and can be filed electronically through state RERA portals. The proceedings are designed to be summary in nature, with the statute mandating disposal within sixty days from the date of filing.

Section 30 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 32