RERA in Puducherry
The Puducherry Real Estate (Regulation and Development) Rules, 2017 were notified to implement the central RERA Act in the Union Territory. Under these rules, real estate projects of 500 sq. m or more, or with 8 or more apartments, must be registered with the Real Estate Regulatory Authority before being marketed or sold, and the promoter must disclose the project's sanctioned plans, approvals, and the agreed possession date. Pending constitution of a dedicated Authority, the Town & Country Planning Department/Housing Department has functioned as the regulatory authority for Puducherry — verify the current operational status and correct forum for a RERA complaint at tcpd.py.gov.in before filing, as this can change.
Under Section 18 of the Act, if the promoter fails to complete or hand over possession by the date stated in the agreement (or a registered extension), the allottee may either: withdraw from the project and claim a full refund of the amount paid, with interest and compensation; or continue in the project and claim interest for every month of delay, until possession is handed over.
RERA and Consumer Court — Both Remedies Are Available
The Supreme Court, in M/s Imperia Structures Ltd. v. Anil Patni & Anr., (2020) 10 SCC 783, held that a homebuyer's remedy under the Consumer Protection Act is not excluded by the existence of RERA — Section 79 of the RERA Act only bars the jurisdiction of civil courts, not consumer fora, and Section 88 expressly states that RERA's remedies are in addition to, not in derogation of, remedies under other laws. A buyer may therefore choose to proceed under RERA, or file a consumer complaint, depending on which forum and remedy best suits their situation — but should not pursue both simultaneously for the same relief on the same cause of action.
Applicable Law (Consumer Complaint Route)
A builder selling a flat/apartment for consideration is a "service"/"goods" provider under Section 2(42)/Section 2(7), CPA 2019, and the buyer is a "consumer." Failure to hand over possession by the agreed date, without a contractually valid force-majeure justification, is "deficiency" under Section 2(11); a materially misleading possession-date representation at the time of booking is "unfair trade practice" under Section 2(47).
Jurisdiction & Forum
| Forum | Pecuniary jurisdiction | Location |
|---|---|---|
| DCDRC Puducherry | Value of goods/services paid as consideration up to ₹50 Lakh | Lawspet, Puducherry |
| SCDRC Puducherry | ₹50 Lakh to ₹2 Crore; also first appeals from DCDRC orders | Lawspet, Puducherry |
| NCDRC | Above ₹2 Crore; also first appeals from SCDRC orders | New Delhi |
(Section 34(1)/47(1)(a)(i)/58(1)(a)(i) of the Act itself set these thresholds at ₹1 Crore / ₹10 Crore / above ₹10 Crore; each carries a proviso letting the Central Government prescribe a different value. Exercising that power, the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 currently set the values shown in the table above.) Given typical flat prices, a full-refund claim may fall within SCDRC or NCDRC's jurisdiction rather than DCDRC's ₹50 Lakh limit — check the claim value carefully against the table above.
Limitation Period
Under Section 69, CPA 2019, a consumer complaint must ordinarily be filed within two years from the date the cause of action arose — since possession delay is a continuing wrong for as long as it persists, this generally does not bar a complaint filed while the delay is ongoing, though the specific facts should be assessed. RERA complaints under Section 18 do not carry the same two-year CPA limitation, but should not be delayed unreasonably.
Documents Typically Needed
- Sale agreement/allotment letter stating the agreed possession date
- Payment receipts showing all amounts paid, with dates
- RERA registration details of the project (from the state/UT RERA website, if registered)
- Correspondence with the builder regarding the delay, with dates
- Loan account statement, where seeking compensation for EMI paid without possession
General Process Outline (Consumer Complaint Route)
- Step 1 — Written notice to builder: Formally record the delay and demand possession or a refund with interest, in writing.
- Step 2 — Choose forum: Decide between a RERA complaint (Section 18, faster and specialised) and a consumer complaint, based on the relief sought and the specific facts — both are not to be pursued simultaneously for the same relief.
- Step 3 — File the complaint: If proceeding under CPA, file under Section 35 with supporting documents, at the appropriate forum by claim value, online via e-jagriti.gov.in or in person; it is heard on the basis of an affidavit and documentary evidence (Section 38(6)).
- Step 4 — Admission and hearing: Per Section 36 (admission, ordinarily within 21 days of filing) and Section 38 (notice to the opposite party within 21 days of admission; response within 30 days, extendable by 15 days), then hearing and evidence.
- Step 5 — Order: Under Section 39, the Commission may direct relief it considers appropriate on the facts proved — refund with interest, possession, or compensation; the Act does not fix or guarantee any specific outcome.