⚖ Kanika Rao & Associates — India's RERA Legal Specialists
📞 9990107803 | advkanikarao@gmail.com

Comprehensive RERA Legal Services
Across Every State of India

From complaint filing to Supreme Court appeals — Adv. Kanika Rao provides end-to-end legal representation for homebuyers, investors, and NRIs in all real estate disputes before every state RERA authority.

📋 RERA Complaint ⏱ Builder Delay 💰 Full Refund 🏗 Structural Defects 📐 Carpet Area ⚖ Appellate Tribunal 🏛 High Court 🌐 NRI Disputes 🔑 Possession Disputes 📜 RERA Compliance
📋 Service 01

RERA Complaint Filing — All State Authorities

Filing a RERA complaint is your most powerful first step against a builder who has violated the Real Estate (Regulation and Development) Act, 2016. We handle every stage — from drafting the complaint to arguing the final hearing.

The RERA complaint process varies by state — MahaRERA, UP RERA, HRERA, K-RERA, TNRERA all have different portals, formats, and procedural requirements. Adv. Kanika Rao's deep familiarity with all 35 state RERA authorities ensures your complaint is filed correctly, completely, and persuasively from day one.

A poorly drafted complaint can result in dismissal, adjournments, or reduced relief. Our complaints are precisely structured — citing specific RERA sections violated, quantifying your exact claim with interest calculations, and attaching all necessary documentary evidence.

  • Complete complaint drafting in plain, legally precise language
  • Calculation and inclusion of all compensation amounts
  • Filing on the state RERA online portal with all required documents
  • Serving notice on the builder/promoter
  • Representation at every scheduled hearing before the adjudicating officer
  • Written arguments and reply to builder's counter-submissions
  • Follow-up for final order and certified copy

Important: File your RERA complaint as early as possible. While RERA does not have a strict limitation period, delays can complicate evidence gathering and reduce the period for which interest can be claimed.

What Documents You Need

  • Registered Sale/Allotment Agreement
  • All payment receipts / bank statements
  • Builder's brochure, floor plan, offer letter
  • All correspondence with the builder
  • RERA project registration number
  • Demand letters / possession letters received
  • ID proof (Aadhaar, PAN)
  • Power of Attorney (if NRI)
60
Day Resolution
Target
35
State RERAe
Covered
₹0
Initial Filing
Fee (Most)

RERA vs Consumer Forum vs Civil Court

FactorRERAConsumerCivil
Timeline60–180 days2–5 yrs5–15 yrs
Interest AwardGuaranteedVariableVariable
SpecialisedYesNoNo
EnforceableAs DecreeYesYes
Filing FeeLowLowHigh
⏱ Service 02

Builder Delay Compensation

RERA Section 18 guarantees you interest at SBI MCLR+1% per annum on every rupee you have paid — for every month your builder has been late. This is not discretionary; it is your statutory right.

Currently at approximately 10.85% per annum, this interest accrues from the agreed possession date to actual possession. For a ₹80 lakh home with a 3-year delay, this equals approximately ₹25–27 lakh in compensation — enforceable as a civil court decree.

Adv. Kanika Rao has obtained delay compensation orders across MahaRERA (Mumbai, Pune), UP RERA (Noida, Greater Noida), HRERA (Gurugram), TSRERA (Hyderabad), and other state RERAe. Our precision in documenting and quantifying delay claims has resulted in maximum compensation for hundreds of clients.

  • Precise calculation of interest from agreed date to present
  • Evidence gathering — possession date proof, agreement review
  • Builder's delay justification counter-arguments
  • Force majeure clauses — challenging improper use
  • Compound vs simple interest arguments
  • Claiming compensation even while retaining possession
  • Enforcing orders against defaulting builders

Did you know? You can claim delay compensation AND still take possession of your flat. You do not have to choose between getting your home and getting compensation — RERA allows both simultaneously.

Compensation Calculator

  • Rate: SBI MCLR + 1% p.a. (~10.85%)
  • ₹30L flat, 2yr delay → ~₹6.5 lakh
  • ₹50L flat, 3yr delay → ~₹16 lakh
  • ₹1Cr flat, 4yr delay → ~₹43 lakh
  • ₹2Cr flat, 5yr delay → ~₹1 crore+
  • *Calculated on all instalments paid
10.85%
RERA Interest
Rate p.a.
100%
Statutory
Right

Delay Compensation — Key Points

  • Interest calculated on each instalment from date of payment
  • Delay beyond grace period in agreement is compensable
  • Builder cannot deduct maintenance during delay period
  • OC-linked possession — delay until OC counts
  • Pre-RERA projects are also covered if not completed
💰 Service 03

Full Refund from Builder — With Interest

If your project is stalled, abandoned, or if the builder cannot deliver possession within a reasonable time, RERA Section 18 gives you the absolute right to a full refund of every rupee you have paid — plus interest.

Many homebuyers feel trapped — they've paid 60–90% of the flat cost but the builder has stopped work, gone into insolvency, or simply refuses to communicate. RERA provides a clear legal path to recovering your investment, regardless of how the builder characterises the situation.

Adv. Kanika Rao has successfully obtained refund orders from RERA authorities across India — including for stalled projects in Noida, Mumbai, Gurugram, Bengaluru, and Hyderabad. Our approach combines RERA proceedings with, where needed, High Court and Supreme Court intervention.

  • Full refund of all amounts paid (booking, instalments, extras)
  • Interest at SBI MCLR+1% on each payment from date of payment
  • Legal action where builder refuses to comply with RERA order
  • Attachment of builder's assets for recovery
  • Coordination with NCLT in insolvency-related refunds
  • Withdrawal from stalled projects without penalty
  • Recovery from escrow accounts where available

When Can You Claim Refund?

  • Builder has missed agreed possession date
  • Project has been stalled for months or years
  • Builder has abandoned the project
  • Builder has filed for insolvency
  • Project was misrepresented to you
  • Significant deviation from agreed specifications
  • Builder demanding unauthorised extra amounts
  • Structural issues making the project uninhabitable
100%
Amount
Recoverable
+Interest
On Every
Payment

Refund + Insolvency Situations

  • RERA refund complaint should still be filed
  • Homebuyers are financial creditors under IBC
  • Dual proceedings (RERA + NCLT) may be strategic
  • Supreme Court has protected homebuyer rights in IBC cases
  • We advise on the optimal multi-forum approach
🏗 Service 04

Structural Defects & Construction Quality Claims

RERA Section 14(3) imposes a mandatory 5-year structural warranty on every builder. Any structural defect — cracks, seepage, waterproofing failure, faulty plumbing, electrical faults — appearing within 5 years of possession must be repaired at the builder's cost.

Builders routinely refuse to acknowledge defects or claim they are the buyer's responsibility. RERA removes all ambiguity — the statutory warranty is clear, and RERA authorities have consistently ordered builders to repair defects or pay compensation for repair costs.

Adv. Kanika Rao works with technical experts to document defects properly before filing complaints, ensuring that the evidence presented to RERA authority is comprehensive and unchallengeable.

  • Structural cracks and RCC defects
  • Waterproofing and seepage failures
  • Plumbing and drainage defects
  • Electrical fittings and wiring defects
  • Flooring, tiling, and finishing defects
  • Common area and amenity defects
  • Lift, HVAC, and mechanical system failures
  • Compensation where repair is not possible

Time Limit: The 5-year structural warranty runs from the date of possession/handover. Do not delay in reporting defects — document everything in writing to the builder as soon as discovered, and file RERA complaint promptly.

Common Defects We Have Handled

  • Roof seepage in monsoon — builder refusing access
  • External wall cracks in RCC frame
  • Bathroom waterproofing complete failure
  • Substandard electrical earthing
  • Balcony railing defects (safety risk)
  • Lift breakdown within 1 year of possession
  • Clubhouse and pool not delivered as promised
  • Parking space dimensions less than agreed
5 yrs
Statutory
Warranty
Sec 14(3)
RERA
Section

Steps to Enforce Defect Warranty

  • Photograph and document all defects with timestamps
  • Send written notice to builder by email + registered post
  • Allow 30 days for builder to respond
  • If no response or refusal — file RERA complaint immediately
  • Engage technical expert for assessment report
  • RERA can order repairs or cash compensation
📐 Service 05

Carpet Area Discrepancy Claims

RERA mandates that all residential units be sold on carpet area — not super area or built-up area. If your actual carpet area is less than what was promised in your agreement, you are entitled to compensation for the difference.

Before RERA, builders routinely sold apartments on "super area" or "saleable area" that included common areas, walls, and even open spaces — inflating the price per square foot and deceiving buyers. RERA ended this practice. Any builder continuing to sell on super area or delivering less carpet area than agreed is in clear violation.

Adv. Kanika Rao has handled numerous carpet area discrepancy cases across India — from minor shortfalls of 5% to significant deceptions of 20%+ in Mumbai, NCR, and Bengaluru projects.

  • Physical measurement vs agreement area comparison
  • Calculation of compensation for shortfall at agreed rate
  • Recovering proportionate price for deficit area
  • Challenging super area to carpet area conversion
  • Common area misrepresentation claims
  • Terrace, utility area, and balcony area disputes

RERA Carpet Area Definition

  • Net usable floor area of the apartment
  • Includes internal walls and columns
  • Excludes common areas (lifts, corridors, lobby)
  • Excludes external walls, terraces, balconies
  • Tolerance: Max 3% variation permissible under RERA
  • Above 3% — builder must compensate or reduce price
  • Builder cannot charge for super area from 2016 onwards
3%
RERA
Tolerance
100%
Refund of
Excess Paid
⚖ Service 06

RERA Appellate Tribunal Representation

Not satisfied with your state RERA authority's order? Or has the builder filed an appeal against an order in your favour? Adv. Kanika Rao provides expert representation before every state Real Estate Appellate Tribunal (REAT) in India.

RERA appeals must be filed within 60 days of the RERA authority's order. The Real Estate Appellate Tribunal is a quasi-judicial body that reviews RERA orders on merits and law. Strong appellate representation is essential — both to defend favourable orders and to appeal inadequate relief.

  • Appeal filing within prescribed 60-day period
  • Detailed statement of grounds and supporting law
  • Defending RERA orders against builder appeals
  • Appealing low or partial compensation orders
  • Arguing before Appellate Tribunal benches
  • Stay applications against builder's compliance
  • Enforcement of appellate tribunal orders

RERA Appellate Tribunals We Cover

  • Maharashtra REAT (Mumbai)
  • UP REAT (Lucknow)
  • Haryana REAT (Chandigarh)
  • Karnataka REAT (Bengaluru)
  • Telangana REAT (Hyderabad)
  • Tamil Nadu REAT (Chennai)
  • Rajasthan REAT (Jaipur)
  • Gujarat REAT (Gandhinagar)
  • All other state REATs
60
Days to
File Appeal
All
State
REATs
🏛 Service 07

High Court & Supreme Court RERA Matters

When RERA authorities or appellate tribunals fail to provide adequate relief, or where constitutional and jurisdictional issues arise, Adv. Kanika Rao takes RERA matters to the High Court and, where warranted, the Supreme Court of India.

High Court writ petitions under Article 226/227 can challenge RERA orders, enforce compliance, or address jurisdictional issues. The Supreme Court has delivered landmark RERA judgments — on homebuyers' rights under IBC, RERA applicability, and builder accountability. Our Supreme Court practice keeps us at the cutting edge of RERA jurisprudence.

  • Writ petitions (Article 226/227) before High Courts
  • Challenging RERA authority inaction
  • Enforcement of unenforced RERA orders
  • Special Leave Petitions before Supreme Court
  • RERA-IBC (insolvency) intersection matters
  • Constitutional challenges to RERA provisions
  • Intervention in landmark RERA cases

Key RERA — Supreme Court Precedents

  • Homebuyers are financial creditors under IBC (2019)
  • RERA overrides consumer forum for real estate
  • Pre-2016 projects covered if OC not obtained
  • Builder cannot deduct amounts from RERA refund
  • Interest is mandatory — not discretionary
  • NCLT insolvency does not bar RERA complaints
  • Carpet area norm applies retrospectively
🌐 Service 08

NRI Property & RERA Disputes

Non-Resident Indians are among the most vulnerable homebuyers — investing their hard-earned foreign currency from thousands of miles away, trusting builders who frequently fail to deliver. Adv. Kanika Rao is a specialist in NRI RERA matters.

We represent NRI clients from the USA, UK, UAE, Canada, Australia, Singapore, and Europe in RERA complaints across all major real estate markets — Mumbai, Pune, NCR, Bengaluru, Hyderabad, Kochi, and Chandigarh. NRI clients need not travel to India for RERA hearings — we handle everything through a registered Power of Attorney.

  • Remote consultation via video call for NRI clients
  • POA drafting and registration guidance
  • Filing RERA complaint on behalf of NRI
  • Appearing at all RERA hearings in client's place
  • Coordinating with NRI's Indian family/contacts
  • Foreign currency investment loss claims
  • FEMA compliance in refund repatriation
  • Goa, Kerala, Chandigarh NRI property disputes

NRI Client Process

  • Step 1: Video call consultation — share documents digitally
  • Step 2: We draft POA — you sign at Indian Embassy/Consulate
  • Step 3: POA registered in India by our office
  • Step 4: RERA complaint filed and argued on your behalf
  • Step 5: Updates via WhatsApp / email after every hearing
  • Step 6: Refund / compensation transferred to your account
0
India Travel
Needed
FEMA
Compliant
Refund
🔑 Service 09

Possession Disputes & Illegal Charges

A builder demanding extra money at possession — over and above what is in your registered sale agreement — is making an illegal demand. You do not have to pay. Adv. Kanika Rao provides immediate legal intervention to protect you at possession.

Common illegal demands at possession include: unpaid interest on developer's loans, society formation charges, legal fees, electricity connection charges, infrastructure charges (EDC/IDC in NCR), and "escalation charges." None of these are payable if not mentioned in the registered sale agreement.

We also handle disputes where builders refuse to hand over possession, withhold OC, delay registry, or impose arbitrary conditions on possession — all RERA violations that can be immediately addressed through complaint or injunction.

  • Legal notice to builder on illegal possession demands
  • RERA complaint to strike down unauthorised charges
  • Injunction application if builder is threatening to cancel
  • Possession under protest with rights preserved
  • OC and CC — compelling builder to obtain
  • Registry (sale deed) execution disputes
  • Khata transfer, mutation, and handover issues

Common Illegal Possession Charges

  • EDC / IDC (External/Internal Dev. Charges)
  • PLC (Preferential Location Charges) — undisclosed
  • Club membership fees not in agreement
  • Legal/documentation charges not agreed
  • Generator / DG set extra charges
  • Transformer and substation charges
  • Builder's loan interest passed to buyer
  • IFMS (Interest-Free Maintenance Security)
₹0
Payable Beyond
Agreement
📜 Service 10

RERA Registration & Builder Compliance Advisory

For builders, promoters, and real estate agents — Adv. Kanika Rao provides expert RERA compliance advisory to ensure your projects, marketing, and sales practices are fully compliant with the Real Estate Act, 2016 and state RERA rules.

RERA penalties for non-compliance are severe — up to 10% of project cost for registration violations, up to 3 years imprisonment for repeated violations, and daily penalties for delayed disclosure updates. Early compliance is exponentially cheaper than enforcement action.

  • Project registration process — all state RERAe
  • RERA quarterly and annual update compliance
  • Sale agreement review and RERA compliance check
  • Escrow account structuring and compliance
  • Brochure and marketing material review
  • Real estate agent registration compliance
  • Responding to RERA show-cause notices
  • Defending RERA proceedings against promoters

RERA Compliance — Builder Checklist

  • Project registered before any advertisement
  • RERA Reg. No. displayed on all marketing
  • 70% of collections in RERA escrow account
  • Quarterly construction updates filed
  • RERA-compliant sale agreement used
  • Carpet area (not super area) in all agreements
  • Agent registration verified before engagement
  • Annual audit report filed on RERA portal
10%
Max Penalty
of Project Cost
3yrs
Max
Imprisonment
Start Today

Every Day of Delay Costs You Money

Call Adv. Kanika Rao now for a free 30-minute RERA consultation. We'll assess your case and advise on the maximum compensation you can claim.

📞 Free RERA Legal Consultation