Justice Delayed, Capital Locked: Is RERA Still A Sound Bet For Home Buyers?

When Rajbir Deshwal approached the state Real Estate Regulatory Authority authority with his complaint in 2020, he hoped it would be the first step towards the recovery of his dream home — and his lost peace of mind. Five years down the line, he waits, not only for possession, but for his next hearing date.

The RERA's website had promised him that the complaint would be disposed off in 60 days. For him, the order arrived after two years, but the closure continues to be absent.

"In October 2021, RERA delivered its decision, granting us relief in the form of compensation and possession of the project. However, the builder failed to comply," said Deshwal, who had invested in a Parsvnath residential project in Sonipat, Haryana.

"Consequently, in 2022, I filed a fresh adjudication petition and since then, over 16 hearings have taken place, yet no tangible progress was made. The matter continues to be delayed without any effective enforcement," he added.

Under Section 29 of the Real Estate (Regulation and Development) Act, each complaint is mandated to be settled within 60 days of lodging. Failure to do that, the authority has to note reasons for delay. In theory, this is justice with a stopwatch. In practice, however, the timeframe often drags on to months — years, even.

“A total of 218 cases are currently pending since around 2019 with RERA Panchkula against Parsvnath Builder for execution,” says P Satish Gupta, 68, another aggrieved home buyer from Sonipat, Haryana. "Five years have passed, yet we are still running in circles in court without our own homes in hand."

Data from RERA websites of various states reveals a limited number of Presiding Officers of the authority holding the benches; for example, UP RERA operates with a total of six working courts with all members holding separate benches, while in Punjab RERA & Haryana RERA (Panchkula and Gurugram) each member is holding individual bench for three days a week suggesting a low number of concurrently functioning judicial forums.

Officials attribute the delay to heavy workloads, manning shortages and intricate legal disagreements. But to those who accepted RERA's 60-day period on their face value, it is a cruel joke.

"The main reason isn’t negligence — it's the lack of benches," said Vivek Sethi, a RERA Haryana advocate.

"There are just one or two benches in many states, each with only a handful of members. They sit barely three days a week. If they worked five days and more benches were constituted, things would definitely move faster," Sethi said.

“Although the law mandates that hearings should ideally conclude within 60 days, delays have become routine. If conciliation fails due to non-cooperation from homebuyers or developers, the case should move to the hearing stage without delay,” said advocate Sudip Kenjalkar, vice president of RERA Practitioners Association, Pune.

The RERA was made accessible to common citizens so that homebuyers could complain online without the need to hire an attorney. Technically, it's accurate — anyone can go to the state portal, submit a form, pay the charges, and upload documents. That would keep them away from hefty lawyer fees, making the RERA distinct from typical courts. But ground reality is different.

Most find, without the guidance of an attorney, going through the process becomes another maze.

"I filed my RERA case online without a lawyer to save money, as I'm already burdened with rent due to not getting possession of my home. But repeated delays and procedural issues forced me to hire a lawyer," says a home buyer from Maharashtra. "Builders, with their resources, easily get extensions while homebuyers like us struggle for justice."

"Even if RERA's orders come in my favour, I fear the builder still won't comply. It's a deeply unfair and exhausting battle for ordinary homebuyers," said a home buyer, who requested anonymity.

The RERA allows one to file cases online, and technically, one does not need a lawyer. It is a great step for accessibility. But practically, it becomes very tough for a layperson, according to Sethi.

"Builders come with experienced lawyers who raise technical and procedural issues. A common man can’t easily counter that. So, while the intention is good, in reality, cases without lawyers often get prolonged," Sethi added.

The RERA was introduced in 2016 with a simple concept: no more delay in projects without any accountability, no more impunity for builders. But the biggest promise of the system — quick redressal of grievances — is now its weakest point.

But state RERA sites reveal a ballooning pileup of complaints, cases lingering for years owing to short-staffed benches and builders milking every procedural delay available. Even when judgments are finally in buyers' favour, enforcement gets stuck.

"Most delays happen because once an order is passed, especially against a builder, Section 43(5) of the RERA Act requires the builder to deposit 100% of the awarded amount—including both principal and penalty—before an appeal can even be admitted," Sethi explained. "For builders, that’s a major setback. Many prefer settling with the allottees rather than depositing such a huge sum."

Builders even went to the Supreme Court challenging this provision, but the court upheld it, saying there's nothing wrong in requiring the full amount and 30% of any penalty to be deposited before an appeal, he added.

Without stronger enforcement powers and dedicated recovery systems, buyers are often left with orders in their favour that remain unimplemented for long periods, according to Prashant Thakur, head of research and advisory at Anarock Group.

"The main problem is that RERA authorities don't have the power or resources to effectively enforce the rules. Many states have weakened RERA by making changes at the local level, which goes against the Act's goal of protecting consumers," Thakur added.

For the majority of buyers, the issue isn't only legal — it's profoundly financial. They're paying EMI for houses they cannot live in while still renting elsewhere. Savings are depleted, retirement schemes derailed and mental sanity worn thin.

Lawyers point out that RERA's own structure — different in each state, with restricted enforcement powers — hinder speedy resolution. A few authorities have a single or two adjudicating officers dealing with thousands of grievances. Builders tend to appeal the RERA orders in appellate tribunals or civil courts and delay cases indefinitely.

"While Section 18 of RERA provides for compensation to homebuyers, the execution of warrant orders by the revenue authorities is painfully slow," advocate Kenjalkar said. "Although courts may grant one–three-month for compliance, the actual recovery of compensation often takes over a year due to procedural delays. This defeats the very purpose of the law."

Builders, however, justify their stance, pointing to post-Covid cash crunch, policy slowdown, and delays in clearance as key hindrances.

"Builders face challenges like stringent documentation, meeting fixed deadlines despite unforeseen delays, and managing coordination among contractors, vendors, and authorities," Rakesh Malhotra, chairperson of Prime Developments, said. "Compliance demands a robust project management system and financial discipline to ensure timely completion without compromising quality or regulatory requirements."

Delays in approvals stall construction schedules, impacting overall timelines. Funding shortfalls restrict resource availability, while adverse market conditions reduce sales frequency, collectively causing postponed project delivery, increased costs, and potential reputational damage for developers, according to Malhotra.

Similar to any regulatory act, the RERA comes with its own set of challenges, like delaying the financing and necessary approvals that incur additional costs on the project, said Sidharth Chowdhry, managing director at Dalcore.

"In addition, market fluctuations in the post-pandemic era further disrupt planned delivery schedules. These procedural obstacles are not in our hands and affect our ability to comply with RERA-defined schedules."

Experts maintain reform is on the cards — if there's a will.

"Different states enforce rules in different ways, which creates regulatory gaps. To really safeguard homebuyers, RERA needs direct enforcement capabilities instead of depending on state authorities and there should also be separate recovery systems with deadlines for carrying out orders," Prashant Thakur suggested.

Just like high courts have legal aid authorities, the RERA should also create a panel of lawyers who can represent allottees for nominal fees or be paid by the RERA itself. That would truly help people who are already suffering financially, according to advocate Sethi.

"To rebuild homebuyer trust, we should give priority to transparent communication, regular progress updates, stick to timelines, third-party quality audits, and effective grievance redressal, ensuring clients feel secure and confident about their investment and project delivery,” Malhotra added.

Dalcore's Chowdhry said they are laying a "strong emphasis" on transparent communication, regular updates on the progress of projects, and highly secured payment systems to foster trust among its buyers. "We are also investing significantly in enhancing quality control to meet the directives of RERA."

Back in Haryana, Rajbir scrolls through the RERA website again, gazing at his next date of hearing — now delayed till December 2025.

 “At this point, I am simply exhausted,” he says softly. “A decade has gone by — people have died, others have aged waiting. RERA was supposed to help us, but it feels like it’s helping the builders instead," Rajbir said.

“Sometimes I feel I will have to forget about that money invested. It is unfair,” the Delhi homebuyer sighed.

For thousands such as them, the homeownership dream — and the protection of law aimed at safeguarding it — have turned into a waiting game. The question that lingers is stark: Is RERA still safeguarding homebuyers, or has it turned into the very maze it set out to break?