Real Estate (RERA) Act: Statutory Rules & Complaint Forms

Official statutory forms including Form CRA (Authority Sec 31), Form CAO (Adjudicating Officer Sec 71), Form AAT (Tribunal Sec 44), and Model Agreement rules.

Substantive Sections (1–92)

Form CRA – Complaint to the Authority under Section 31

Authority Jurisdiction

Any aggrieved person (homebuyer, allottee, or association) may file a complaint with the Real Estate Regulatory Authority in Form CRA for violation or contravention of the provisions of the Act or the rules and regulations made thereunder.

Scope of Form CRA Reliefs:
  • Direction for timely delivery of possession with statutory interest under Section 18(1).
  • Refund of total amount paid with interest upon builder's failure to give possession.
  • Rectification of structural defects within 5 years without additional charge under Section 14(3).
  • Revocation of project registration or imposition of penalties under Section 59 / 61.

Statutory Fee & Timeline: Standard filing fee of ₹1,000. The Authority shall endeavor to dispose of the complaint within sixty days from the date of filing under Section 29(4).

Form CAO – Application to Adjudicating Officer for Compensation

Section 71 & 72

Where an allottee claims compensation and damages (as distinguished from statutory refund/interest) under Sections 12, 14, 18, and 19 of the Act, an application shall be filed before the Adjudicating Officer in Form CAO.

Supreme Court Principle (Newtech Promoters v. State of UP):

The Authority alone has exclusive jurisdiction to grant refund and delay interest under Section 18. The Adjudicating Officer has jurisdiction solely to determine quantum of compensation and damages under Section 71 / 72.

Adjudication Timeline: The application shall be dealt with expeditiously and disposed of within sixty days from receipt.

Form AAT – Appeal to Real Estate Appellate Tribunal (REAT)

Section 44 Appeal
(1) Every appeal filed under sub-section (1) of section 44 to the Appellate Tribunal shall be in Form AAT and shall be accompanied by an attested copy of the order appealed against.
(2) The appeal shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the Adjudicating Officer is received.
Mandatory Pre-Deposit Condition (Section 43(5)):

Where an appeal is preferred by a promoter, the appeal shall not be entertained by the Appellate Tribunal unless the promoter has deposited with the Tribunal at least thirty per cent of the penalty, or such higher percentage as may be determined, or the total amount to be paid to the allottee including interest and compensation.

Model Agreement for Sale & Rate of Interest Rules

Mandatory Contract Clauses
1. Rate of Interest on Delay (Rule-Based Parity):

The rate of interest payable by the promoter to the allottee or by the allottee to the promoter shall be the State Bank of India highest Marginal Cost of Lending Rate (MCLR) + 2%. Both parties are statutorily bound by identical interest rates.

2. Strict 30-Day Notice for Unilateral Cancellation:

The promoter shall not cancel the allotment or terminate the Agreement for Sale without serving a prior written notice of thirty days to the allottee to rectify default.

3. Carpet Area Compliance:

All units must be sold strictly on the basis of Carpet Area (net usable floor area excluding external walls, balcony, and terrace), rendering super built-up area markups invalid under Section 2(k).

All 92 Sections of RERA Act