Complaint, Reply and Execution Support — RERA FAQs
This page explains the practical legal framework for preparing and responding to RERA complaints, handling pleadings and evidence, reviewing orders, choosing rectification or appeal routes, and pursuing or responding to execution and Recovery Certificate processes in Uttar Pradesh and Uttarakhand.
Important scope note. These FAQs provide general educational information. Complaint forms, fees, portal workflow, bench practice, execution steps, Recovery Certificate procedure and appeal filing requirements are State- and portal-dependent and should be verified from the current UP-RERA or Uttarakhand RERA rules, regulations, directions and live portal before filing or responding.
A. Choosing the Correct RERA Route and Preparing the Complaint
Section 31 permits any aggrieved person to file a complaint with the Regulatory Authority or the Adjudicating Officer, as the case may be, for a violation or contravention of the Act, rules or regulations by a promoter, allottee or real estate agent. The statutory explanation expressly includes an association of allottees and a voluntary consumer association registered under law within the meaning of “person”. The complainant’s standing should still be supported by the allotment, agreement, succession, assignment, association or other documents on which the grievance is based.
A complaint under Section 31 can be directed against a promoter, allottee or real estate agent, depending on the alleged contravention. The correct respondent should be identified from the statutory role actually performed, the project registration, agreements, payment records and conduct complained of. In joint-development structures, the definition of promoter and the project disclosures should be checked before assuming that only the entity named on the allotment letter is responsible.
The relief should be classified before the forum is selected. In M/s Newtech Promoters and Developers Pvt. Ltd. v. State of Uttar Pradesh, the Supreme Court held that refund of the amount, interest on the refund, interest for delayed possession, and penalty or interest within the Regulatory Authority’s adjudicatory domain are to be determined by the Authority. Compensation under Sections 12, 14, 18 and 19 is adjudged by the Adjudicating Officer under Sections 71 and 72. A matter seeking both categories should therefore follow the current State Authority procedure for dealing with the compensation component rather than assuming that one forum decides every head of relief.
Verify the current complaint category, portal form, fee, authentication method, document-size and upload requirements, bench or territorial allocation, service mechanism, compensation route, conciliation facility if relevant, and any requirement for physical sets or subsequent filings. These are procedural matters governed by current State rules, regulations, directions and portal practice rather than by Section 31 alone. An old filing manual should not be treated as current authority without rechecking the live portal.
Yes. The Explanation to Section 31 expressly includes an association of allottees and a voluntary consumer association registered under law within the meaning of ‘person’ for filing a complaint. Whether one common complaint, a representative filing or coordinated individual complaints are procedurally appropriate depends on the commonality of facts and relief and on the State Authority’s current practice. Even where liability issues are common, unit-specific payments, possession dates, refunds, interest and compensation may still require separate calculations.
The existence of RERA does not by itself exclude consumer remedies. The Supreme Court in Imperia Structures Ltd. v. Anil Patni held that remedies under consumer law remain additional to RERA remedies. Forum strategy should nevertheless avoid inconsistent positions or double recovery for the same loss, and all pending or decided parallel proceedings should be disclosed where relevant.
Prepare a chronology, identify each alleged statutory or contractual breach, map every material fact to supporting evidence, classify each relief by forum, and create a payment and interest ledger. The core file should ordinarily include the booking or application record, allotment letter, agreement for sale and amendments, payment receipts, demand notices, RERA project disclosures, possession or cancellation correspondence, extension orders if any, relevant approvals, and the communications relied upon. Drafting should follow the evidence rather than beginning with a generic prayer.
B. Pleadings, Evidence, Reply and Hearing Management
The pleading should state the material facts in chronological order, identify the statutory or agreement provisions relied upon, explain the breach and connect each prayer to its factual and legal basis. Separate prayers should be used for refund, statutory interest, possession-related directions, compensation where maintainable before the Adjudicating Officer, costs or other consequential relief. Quantified claims should be supported by a calculation sheet rather than an undefined request for “all reliefs”.
Separate admissions, specific denials, jurisdictional objections and affirmative defences. Test each defence against the agreement, payment history, RERA disclosures, sanctioned or completion records, extension orders and contemporaneous correspondence. A bare denial is not a substitute for supporting material, but the complainant must still establish the facts necessary for the relief claimed. Particular attention should be paid to changed possession dates, force-majeure assertions, buyer-default allegations and calculations.
A rejoinder should answer new facts, documents and defences raised in the reply and clarify matters already in issue. It should not silently substitute a different cause of action or materially alter the original relief without following the procedure required by the Authority. Responsive documents should be clearly identified and the pleading should distinguish a genuine rebuttal from an attempt to rebuild an incomplete original complaint.
No. Section 38(2) requires the Regulatory Authority to be guided by principles of natural justice and, subject to the Act and rules, permits it to regulate its own procedure. RERA proceedings are therefore not conducted as ordinary civil suits merely because facts are disputed. State rules, regulations and bench directions govern affidavits, replies, rejoinders, documents, hearings and other procedural steps, while notice and a fair opportunity to be heard remain fundamental.
Use a complete indexed set with consistent page numbering and document references. Preserve original electronic files where available, including emails, portal downloads, payment confirmations, demand letters, messages and project-status records, together with dates and source information. Screenshots should be supported by the underlying record where practicable. If formal proof of an electronic record becomes necessary, the current Bharatiya Sakshya Adhiniyam, 2023 requirements and the forum’s procedural directions should be addressed rather than assuming that a printout proves itself.
After valid service and reasonable opportunity, the Authority or Adjudicating Officer may proceed on the record in accordance with the applicable procedure, including ex parte where permitted. Default by the respondent does not automatically prove every amount or allegation in the complaint. Service records, portal notices, email or postal tracking and hearing orders should be preserved because defective service can later become the basis of a recall or appellate challenge.
Yes. Section 36 empowers the Authority, during an inquiry, to restrain a promoter, allottee or real estate agent from committing or continuing a contravening act, or an act about to be committed, until conclusion of the inquiry or further orders. The section also permits action without notice where the Authority considers that necessary. An interim request should identify the precise threatened or continuing act, the evidence of urgency and the limited protection sought; it should not be framed as a substitute for final relief.
Section 56 permits a party to appear in person or authorise one or more chartered accountants, company secretaries, cost accountants, legal practitioners or the party’s officers to present the case before the Authority, Adjudicating Officer or Appellate Tribunal, as applicable. The current State requirements for authorisation, vakalatnama, memorandum of appearance or portal registration should be checked before filing.
C. Orders, Rectification and Appeals
Read the operative portion against the pleadings and verify the parties, unit or project identity, relief granted, principal amount, interest rate, start and end dates, compensation if any, compliance period, costs and any non-monetary direction. Record the date on which the order or decision was received or communicated because appeal limitation runs from receipt under Section 44. Any calculation or clerical issue should be identified before execution figures are prepared.
Section 39 permits the Authority, within two years from the date of its order, to rectify a mistake apparent from the record. No such amendment may be made in respect of an order against which an appeal has been preferred, and rectification cannot amend the substantive part of the order. It is therefore not a review or rehearing on merits. U.P. RERA currently provides an online rectification route, but the statutory scope and the live portal conditions should both be checked before filing.
Section 44 provides sixty days from the date on which a copy of the direction, order or decision of the Authority or Adjudicating Officer is received by the aggrieved person. The Appellate Tribunal may entertain a delayed appeal where sufficient cause is shown. The order-receipt record, prescribed form, fee, annexures and any stay application should therefore be prepared promptly rather than waiting for execution to begin.
The proviso to Section 43(5) applies specifically to an appeal by a promoter. Before the appeal is entertained, the promoter must deposit at least thirty per cent of the penalty, or such higher percentage as the Appellate Tribunal may determine, or the total amount payable to the allottee including interest and compensation imposed, or both, as the case may be. The Supreme Court in Newtech upheld the pre-deposit requirement. It is therefore incorrect to describe every promoter appeal as requiring only thirty per cent of the entire monetary award.
No. Filing an appeal, satisfying any required pre-deposit and obtaining a stay are separate matters. Unless the Appellate Tribunal or another competent court has passed an operative stay or interim order, the existence of an appeal should not automatically be treated as suspension of the order. The actual appeal record and interim directions should be obtained before deciding whether execution may proceed.
Yes, subject to Section 58. An aggrieved person may appeal to the High Court within sixty days from communication of the Appellate Tribunal’s decision or order on one or more grounds specified in Section 100 of the Code of Civil Procedure, 1908. The High Court may entertain a delayed appeal where sufficient cause is shown. No appeal lies under Section 58 against a Tribunal decision or order made with the consent of the parties.
The two routes should not be used indiscriminately. Section 39 bars rectification of an order against which an appeal has already been preferred, and rectification cannot be used to change the substantive decision. A party should first identify whether the problem is a mistake apparent from the record or a substantive legal or factual challenge and then choose the appropriate route within the applicable deadline.
D. Execution, Recovery Certificates and Compliance
Section 40(1) provides that unpaid interest, penalty or compensation imposed under the Act is recoverable in the prescribed manner as arrears of land revenue. In Newtech, the Supreme Court also held that a refund amount determined in favour of an allottee together with interest can be recovered through the Section 40 mechanism. The actual execution request, Recovery Certificate process and revenue-recovery steps remain State-specific and should be matched to the operative order.
Section 40(2) separately addresses an order or direction requiring a person to do an act or refrain from doing an act. If the person fails to comply, the order is enforced in the manner prescribed by the applicable rules. A possession, document-handover or restraint direction should therefore not automatically be processed as though it were merely a money recovery certificate; the operative order and State execution rule must be matched to the relief.
An execution file should ordinarily include the operative order, proof of communication and expiry of the compliance period, appeal and stay status, details of all payments received after the order, a current date-wise calculation of the balance, respondent identification and available project or asset information. Where interest continues until payment or realisation, the calculation should state its cut-off date and the method for updating the amount.
A Recovery Certificate is used within the State recovery mechanism to pursue an amount recoverable as arrears of land revenue. The certificate does not itself mean that money has been realised; follow-up may involve the competent revenue authority and the procedures applicable to the respondent’s property or assets. U.P. RERA currently provides an online ‘Request for Order Execution’ route together with request/compliance status and Recovery Certificate status facilities, but the live workflow should be checked when execution is initiated.
Execution should follow the operative order exactly. Prepare a date-wise ledger showing principal, the ordered interest basis, payments or adjustments, the date each payment was credited and the balance remaining. Do not compound interest, change the starting date or add unawarded amounts unless the order or governing law supports it. Every payment received during execution should be reflected before a revised recovery figure is submitted.
Execution and penal consequences are separate. For a promoter, Section 63 permits a daily penalty for non-compliance with an Authority order or direction, cumulatively up to five per cent of the estimated project cost; Section 64 provides separate consequences for non-compliance with an Appellate Tribunal order, including possible imprisonment and fine within the statutory limits. Different provisions apply to real estate agents and allottees under Sections 65 to 68; the current text of Section 68 was amended with effect from 7 May 2026. Any penal step requires the proper statutory process and should not be treated as automatic merely because an execution request has been filed.
No. A post-order settlement should identify the order, amount or obligation being settled, payment schedule, treatment of continuing interest, withdrawal or satisfaction of execution, consequences of default and the procedure for informing the Authority or recovery machinery. Until the settlement is performed and the relevant execution record is appropriately closed or modified, parties should not assume that the statutory order has ceased to operate.
E. Compensation, Parallel Proceedings and Insolvency
Refund and statutory interest can fall within the Regulatory Authority’s jurisdiction, while compensation under Sections 12, 14, 18 and 19 is adjudged by the Adjudicating Officer under Sections 71 and 72. Section 72 requires consideration of disproportionate gain or unfair advantage where quantifiable, loss caused by the default, the repetitive nature of the default and other factors necessary in the interests of justice. A compensation claim should therefore plead and evidence the actual loss and other relevant factors rather than merely repeating the refund or delay-interest calculation.
No party should obtain duplicate recovery for the same loss. Although consumer and other legally available remedies may coexist with RERA, payments and relief already received or finally awarded elsewhere can become relevant to later proceedings. Parallel cases, settlements and recoveries should therefore be disclosed and the relief sought should be framed consistently.
The NCLT admission order, commencement of the insolvency resolution process, moratorium under the Insolvency and Bankruptcy Code, claim-submission deadline and status of the particular project or corporate debtor should be checked immediately. Insolvency can materially affect continuation of coercive recovery and the forum through which the allottee must pursue the claim. The RERA order and calculation should be preserved, but execution should not continue mechanically without analysing the insolvency position.
It can be considered where the State Authority provides a conciliation mechanism or the parties independently negotiate, but settlement is not appropriate merely to avoid scrutiny of an unclear proposal. The settlement should accurately state the unit or claim, payment or possession obligations, deadlines, interest treatment, withdrawal of proceedings and consequences of default. Statutory appeal or compliance deadlines should not be allowed to expire merely because discussions are ongoing unless the legal effect of the settlement process is clear.
F. Practical Case Management and Execution Discipline
A chronology linked to an issue–evidence matrix is usually the most useful control document. It should record each material date, event, document, disputed proposition, admission or defence, statutory provision, required proof and relief consequence. A separate calculation ledger should track payments, due dates, interest periods and post-order recoveries. This prevents pleadings from becoming a collection of documents without a provable theory of the case.
Preserve the complete pleadings and annexures, portal acknowledgements, filing receipts, service records, hearing orders, uploaded and certified orders, appeal and stay papers, payment and interest calculations, correspondence, project disclosures, execution requests, Recovery Certificates and every payment received. Keep version control so that the amount and documents relied upon at each stage can be reconstructed later.
Common failures include choosing the wrong relief route between the Authority and Adjudicating Officer; using an outdated State form or portal process; unsupported calculations; incomplete service proof; confusing statutory interest with compensation; introducing essential evidence too late; failing to disclose parallel proceedings or payments; using rectification as a disguised review; assuming that an appeal creates an automatic stay; and pursuing execution on stale figures. A disciplined chronology, evidence map and compliance diary should be prepared before filing and maintained until final recovery or closure.
If you have a RERA complaint, reply, rejoinder, order, appeal issue, execution request, Recovery Certificate, calculation sheet or related project documents requiring matter-specific review, you may send a preliminary enquiry.
Subject to conflict check, scope confirmation, professional terms and express acceptance by the responsible Advocate.
Last reviewed: 13 September 2026