Thousands of homebuyers across Uttar Pradesh — from Noida and Greater Noida to Lucknow and Ghaziabad — are still waiting for flats that were promised years ago. Builders revise completion dates. EMIs keep running. And calls to the developer go unanswered.
The good news is that the law is firmly on the homebuyer’s side. The Real Estate (Regulation and Development) Act, 2016, administered in UP through the Uttar Pradesh Real Estate Regulatory Authority (UP RERA), gives you a clear, structured legal path to claim what you’re owed. Here is exactly how it works.
What Is UP RERA and Why Does It Matter?
UP RERA is the state regulatory authority established under the RERA Act, 2016, to govern real estate transactions in Uttar Pradesh. It operates through its official portal at www.up-rera.in and has its offices in Lucknow and Greater Noida.
Under this framework, every real estate project above a certain threshold must be registred with UP RERA before the builder can advertise, market, or sell units. This registration requirement, under Section 3 of the Act, ensures that each project has publicly disclosed timelines, approved plans, and a commitment to quarterly construction updates.
The practical benefit for buyers is significant: if your project is RERA-registered, you have a statutory remedy that is faster, cheaper, and more targeted than conventional civil litigation.
Your Legal Rights Under Section 18 of the RERA Act
Section 18 of the RERA Act, 2016, is the cornerstone of homebuyer protection against delayed possession. It gives every allottee a binary choice when a builder misses the agreed possession date:
Option 1 — Stay in the project and claim interest: If you do not wish to exit, you are entitled to receive monthly interest on the amount you have paid, calculated from the promised possession date until the actual handover. The interest rate is typically set at the State Bank of India’s Marginal Cost of Lending Rate (MCLR) plus a spread, as determined by the adjudicating authority.
Option 2 — Withdraw and claim a full refund with interest: If you choose to walk away, the promoter is legally bound to return every rupee paid, along with interest. The Supreme Court of India, in the landmark judgment of M/s Newtech Promoters and Developers Pvt. Ltd. v. State of Uttar Pradesh (2021), held that this right is “absolute and unconditional.” The builder cannot use construction delays, force majeure, or regulatory approvals as a defence to deny this entitlement.
A subsequent Supreme Court ruling, M/s Imperia Structures Ltd. v. Anil Patni & Anr., further confirmed that the right to a refund and interest under Section 18 is an unqualified statutory right — irrespective of whether a registered agreement to sell exists.
The choice between these two options rests entirely with the allottee.
Before You File: Documents You Need to Gather
Preparation is the difference between a complaint that proceeds smoothly and one that stalls at the first hearing. Assemble the following before approaching UP RERA:
Your Allotment Letter or Agreement for Sale — this confirms the promised possession date, which is the foundation of your claim. Your payment receipts and bank statements, showing all amounts paid to the developer. Any written correspondence with the builder, including emails, letters, and even WhatsApp messages requesting updates. The RERA registration number of the project, which can be verified on www.up-rera.in by searching under the Project Registration section. If the builder has communicated any revised possession dates, keep those records too — they do not nullify your right to claim from the original date mentioned in your agreement.
One important note: even if no formal registered agreement to sell was executed, courts have held that an allotment letter or booking confirmation stating a possession date is sufficient to establish your claim.
Step-by-Step: How to File a UP RERA Complaint
Step 1: Send a Legal Notice to the Builder
While not a mandatory pre-condition under the Act, sending a formal legal notice before filing a complaint serves two important purposes. First, it puts the builder on formal record of your grievance and gives them an opportunity to respond. Second, if the matter proceeds to hearing, it demonstrates that you attempted resolution in good faith. A notice should clearly state the agreed possession date, the period of delay, and the specific relief you are seeking — either possession with interest or a full refund.
Step 2: Visit the Official UP RERA Portal
Go to www.up-rera.in and create a complainant account using your name, email address, and mobile number. This is where your entire complaint will be managed and tracked.
Step 3: Navigate to the Complaint Registration Section
Once logged in, look for the Complaint Registration option. You will be directed to a complaint form — fill in your personal details, the project details (including the RERA registration number), and a clear description of the grievance.
Step 4: Upload Supporting Documents
Attach your allotment letter or agreement to sell, payment proof, correspondence with the builder, and a copy of the legal notice along with any response received. The strength of your documentation directly influences the outcome.
Step 5: Pay the Filing Fee
A nominal fee is charged for registering a complaint with the UP RERA Authority. If you are approaching the Adjudicating Officer (for compensation claims beyond interest and refund), a separate fee applies. Both can be paid online through the portal.
Step 6: Track Your Complaint
After submission, you will receive a unique complaint number. Use this to track the status of your case on the UP RERA portal. The Authority schedules hearings and notifies parties accordingly. You may appear in person or be represented by a legal professional.
Step 7: Attend Hearings and Obtain the Order
Both parties present their case before the Authority. If your complaint is established, UP RERA will issue a written order directing the builder to pay interest, provide possession, or refund the amount — depending on the relief sought.
What If the Builder Ignores UP RERA’s Order?
This is where many homebuyers feel stuck, but the law provides a remedy here too. Under Section 40 of the RERA Act, if a builder fails to comply with the Authority’s order, the aggrieved party can file an Execution Application before UP RERA. The dues can then be recovered as arrears of land revenue — meaning the government can attach and recover the builder’s assets on your behalf.
Additionally, non-compliance with RERA orders can attract penalties and, in serious cases, imprisonment under the Act.
Can You Approach Consumer Court Instead?
Yes. The Supreme Court clarified on November 2, 2020, that a homebuyer has the right to file complaints with both RERA and the Consumer Court for the same grievance. However, legal principles against double remedies mean that relief already granted by one forum may be taken into account by the other.
Consumer Court is an alternative worth considering if the project is not RERA-registered or in specific circumstances where consumer law remedies may be more appropriate. For registered projects with delayed possession, UP RERA is generally the faster and more specialised route.
One Common Misconception Cleared
Many buyers believe that a builder’s revised possession date — filed with RERA on the portal — replaces the date in their original agreement. This is incorrect. Your cause of action arises from the date mentioned in your allotment letter or agreement to sell. A builder cannot unilaterally reset this timeline without your consent. Repeated extensions filed on the RERA portal do not substitute the original contractual commitment to you.
Frequently Asked Questions
Q: My project is registered with UP RERA but the builder keeps pushing the completion date. Can I still file a complaint?
Yes. The possession date in your agreement or allotment letter is what governs your claim, not the revised dates the builder uploads on the RERA portal. You are entitled to claim interest from the date the original possession was promised.
Q: What if I don’t have a registered agreement to sell — only an allotment letter?
An allotment letter is sufficient to establish your claim before UP RERA. Courts have held that any document confirming a promised possession date — including booking confirmation, brochures, or email correspondence — can be relied upon.
Q: Is there a time limit for filing a UP RERA complaint?
The RERA Act does not prescribe a strict limitation period. However, complaints should be filed within a reasonable time to avoid procedural objections. It is advisable not to delay once the agreed possession date has passed.
Q: Can I claim both possession and interest simultaneously?
Under Section 18, you choose either to stay in the project and claim monthly interest until possession, or to withdraw and claim a full refund with interest. You cannot claim both simultaneously under the same application, though the law does not prevent a buyer from claiming compensation separately before the Adjudicating Officer for additional losses.
Q: What if my project is not RERA-registered?
If the project falls within the threshold requiring RERA registration but was never registered, that itself is a violation of the Act. In such cases, and for projects predating the Act, Consumer Court remains an effective alternative forum.
Q: How long does a UP RERA complaint typically take to resolve?
Resolution timelines vary depending on the complexity of the case and the volume before the Authority. Straightforward complaints with clear documentary evidence tend to proceed faster. The Authority is required to dispose of complaints in a time-bound manner under the Act.
Know Your Rights. Use Them.
Delayed possession is not just inconvenient — it is a legal violation that carries defined consequences under Indian law. Section 18 of the RERA Act gives homebuyers in Uttar Pradesh an enforceable right to either hold their builder accountable through interest payments or exit the project entirely with a full refund.
The UP RERA portal at www.up-rera.in is your starting point. The law, as affirmed by the Supreme Court in multiple landmark judgments, is unambiguous. Every month of delay that passes without action is a month of interest you may be leaving on the table.
Royal Litigators handles real estate disputes, including UP RERA complaints, consumer court matters, and enforcement of RERA orders across Uttar Pradesh.
To understand your options or discuss the specifics of your case, contact Royal Litigators for a consultation.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. The facts of individual cases vary, and readers should consult a qualified legal professional for advice specific to their circumstances.