Detailed information to answer When to Use RERA vs Consumer Forum for Real Estate Complaints
If you’ve been wronged by a builder — delayed possession, false promises, poor construction — you have powerful legal remedies in India. But the real question is: Should you go to RERA or the Consumer Forum?
This is one of the most common legal dilemmas faced by homebuyers today. While both platforms are meant to protect consumers, they serve different purposes and offer different types of relief.
In this guide, we break down the differences between RERA and Consumer Forums, and help you decide where to file your real estate complaint for the best results.
What Is RERA?
RERA (Real Estate Regulatory Authority) was established under the Real Estate (Regulation and Development) Act, 2016. It is a specialized authority that regulates real estate developers and projects.
RERA is designed to protect homebuyers and bring transparency to the real estate sector. It is a quasi-judicial body that handles disputes between buyers and builders in registered projects.
Key Features of RERA
- Applicable only to registered real estate projects
- Provides quick adjudication (3–6 months on average)
- Focuses on compliance, transparency, and fair practices
- Allows for compensation, refunds, and penalties
- Each state has its own RERA (e.g., MahaRERA in Maharashtra)
What Is the Consumer Forum?
The Consumer Forum (or Consumer Commission) operates under the Consumer Protection Act, 2019. It is a broader legal body that addresses complaints related to any goods or services — including housing and real estate.
Consumer Commissions are structured as:
- District Commission: Claims up to ₹50 lakh
- State Commission: ₹50 lakh to ₹2 crore
- National Commission: Above ₹2 crore
Key Features of Consumer Forums
- Handles all types of consumer disputes, not just real estate
- Can be used even for unregistered projects
- Allows for compensation, damages, and deficiency in service
- Relatively flexible compared to RERA
- Jurisdiction based on claim amount
RERA vs Consumer Forum: Head-to-Head Comparison
| Criteria |
RERA |
Consumer Forum |
| Law |
RERA Act, 2016 |
Consumer Protection Act, 2019 |
| Focus |
Real estate regulation |
Consumer rights across all sectors |
| Eligible Complaints |
Project delays, false promises, non-registration |
Deficiency in service, unfair trade practices |
| Who Can File |
Homebuyers, allottees |
Consumers (homebuyers included) |
| Applicable Projects |
RERA-registered only |
All, including unregistered |
| Relief Offered |
Refund, compensation, interest, possession |
Compensation, damages, interest |
| Appeals |
Real Estate Appellate Tribunal (REAT) |
State/National Commission and Supreme Court |
Which Is Better for Your Complaint?
Choose RERA If:
- The builder is registered under RERA
- You want possession, refund, or interest for delay
- The issue involves project registration or deviation from sanctioned plans
- You prefer a specialized tribunal with faster timelines
Choose Consumer Forum If:
- The builder/project is not registered with RERA
- You are claiming compensation for mental harassment or deficiency of service
- You want to club your complaint with other services (e.g., home loan fraud, brokerage)
- You want to claim damages over and above what RERA might offer
Can You File in Both RERA and Consumer Forum?
This is a tricky area. Indian courts have held that filing a complaint in both RERA and Consumer Forum on the same cause of action is generally not allowed.
However, the Supreme Court in the case of M/s Imperia Structures Ltd vs Anil Patni (2020) held that the jurisdiction of Consumer Forums is not ousted by RERA — which means you can still file a consumer complaint even after RERA’s introduction.
But remember: Once you get full relief from one forum, it weakens your position in another.
Real-World Scenarios
Example 1: You booked a flat in a RERA-registered project, but the builder has delayed possession for over two years. → File in RERA.
Example 2: You’re facing poor construction quality, water seepage, and unfulfilled promises about amenities. → File in Consumer Forum.
Example 3: The builder is unregistered, and the flat is under an old project. → File in Consumer Forum.
Important Legal Tips
- Collect all documentation: allotment letter, payment receipts, project brochure, builder-buyer agreement
- Keep copies of complaints, email communication, and photos of issues (e.g., construction flaws)
- Consult a lawyer to decide jurisdiction and draft the complaint properly
- Appeals must be filed within 30–45 days from the date of order
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Conclusion: Choose Smart, Act Fast
Both RERA and Consumer Forums offer valuable legal remedies — but using the right one at the right time can significantly increase your chances of relief. Evaluate your case carefully, understand the nature of your complaint, and consult a lawyer when in doubt.
At the end of the day, these forums exist to protect you. Use them wisely.
