Builder Delayed Possession or Defrauded You? File a RERA Complaint From Abroad.

The single most important thing to understand about Section 18 of RERA is that the choice belongs to you, the buyer — not the builder. Once the promoter fails to complete or hand over possession by the date stated at registration (or by the extended date, if the delay is on account of a genuine force majeure event), the law gives you two distinct paths, and the builder cannot force you into either one.

Because the exact interest rate and its computation method are fixed by each State's RERA Rules — and are periodically revised — we do not quote a specific figure here; it must be checked against the current notified rate for the state where your project is registered at the time your claim is computed. What does not vary is the underlying entitlement: delay past the committed date gives you the right to choose, and the Authority's order will reflect whichever remedy you elect in your complaint.

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A RERA complaint is deliberately designed to be simpler and faster than an ordinary civil suit — you are not required to engage in lengthy pleadings or years of trial. Here is how we typically take an NRI client's builder-delay matter from first review to a final, enforceable order.

• Document review & verification: We review your Agreement for Sale (or allotment letter), the project's RERA registration status and disclosed possession date, and your complete payment history to confirm the exact quantum paid and the exact period of delay.
• Demand notice (recommended): Where useful, we send a formal legal notice to the builder calling upon them to hand over possession or refund the amount paid with interest — this creates a clear paper trail and sometimes prompts a settlement before litigation is even necessary.
• Filing the complaint: The complaint is filed before the Real Estate Regulatory Authority of the state where the project is located, in the prescribed format, along with the Agreement for Sale, payment proofs, correspondence, and a nominal statutory filing fee.
• Notice to the builder & hearings: The Authority issues notice to the promoter, who must file a reply, after which hearings are scheduled — many State RERA Authorities now permit video-conference appearance, which suits an NRI complainant well.
• Order: On hearing both sides, the Authority passes a reasoned order directing either a refund with interest (and compensation, where claimed and justified) or possession together with delay interest — whichever remedy you elected under Section 18.
• Execution, if the builder does not comply: If the promoter fails to honour the order within the time given, an execution application can be filed before the Authority, which is empowered to recover the amount as arrears of land revenue or enforce the order as a decree of a civil court.
• Appeal (either side): Any party dissatisfied with the Authority's order may appeal to the Real Estate Appellate Tribunal within the statutory limitation period — we advise on whether an appeal strengthens or risks your position before you decide to pursue one.

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The most common reason NRI buyers delay acting on a builder-delay claim is the assumption that pursuing it means flying back to India, sitting through hearing after hearing, and losing weeks of work and family time. In practice, a properly structured Power of Attorney removes almost all of that burden.

• A Specific Power of Attorney authorises the complaint: We draft a Power of Attorney limited to your RERA matter — authorising your appointed attorney-in-fact (and our office) to file the complaint, sign pleadings, submit documents, and receive orders on your behalf.
• Executed wherever you live, no consulate visit required in most cases: The POA is typically signed before a local Notary Public in your country of residence and apostilled (for Hague Convention member countries) or attested through the Indian Embassy/Consulate where apostille is not available, then couriered to India.
• Hearings increasingly happen by video conference: Many State RERA Authorities now permit parties and their authorised representatives to appear via video link, and where personal appearance is required at all, your advocate appears on your behalf under the executed POA and vakalatnama.
• Documents move digitally: Your Agreement for Sale, payment receipts, correspondence, and any supporting evidence are shared over email and WhatsApp; we prepare and file the complaint, replies, and evidence without requiring physical documents from you except where an original must be produced.
• You stay informed at every stage: Regular updates after each hearing, copies of orders as they are passed, and clear guidance on next steps — so the distance between you and the courtroom never becomes distance from your own case.

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