RERA Bihar Complaint Against Builder: Patna Delay Guide 2026
Short answer: if your builder hasn't handed over the flat or plot by the date in your agreement for sale, Section 18 of the RERA Act gives you two options: withdraw and get all your money back with interest and compensation, or stay in the project and get interest for every month of delay until possession. To claim it, file a complaint online at rera.bihar.gov.in under Complaints → Complaint filing. The fee is ₹1,000, paid online.
Many Patna buyers, especially those working outside Bihar who booked a flat back home, spend years hearing "possession by next December, pakka". Meanwhile they pay EMI and rent together. You don't need a lawyer to file a RERA complaint, and the whole process is online, so you can file from Pune, Bengaluru or the Gulf. This guide covers the law, the right form, the portal steps and what happens after the order, as things stand on 25 October 2026. If you first want to see how far behind the project is, read how to check a project on RERA Bihar.
What does the law give you when a Patna builder delays?
| Situation | Your right | Law |
|---|---|---|
| No possession by the agreement date, and you want to exit | Full refund with interest, plus compensation | Sections 18(1), 19(4) |
| Possession is late, but you still want the flat or plot | Interest for every month of delay until possession | Proviso to Section 18(1) |
| Builder's registration is revoked, or the builder stops business | Refund with interest and compensation | Section 18(1)(b) |
| The land title turns out defective | Compensation for your loss; no limitation period applies to this claim | Section 18(2) |
| Structural defects, seepage or poor work after possession | Report within 5 years of possession; the builder must fix it free within 30 days, or pay compensation | Section 14(3); FAQ Q26 |
| Builder breaks any other term of the agreement | Compensation | Section 18(3) |
How much interest? Under Rule 17 of the Bihar RERA Rules 2017, the rate is 2% above State Bank of India's lending rate on the date the amount fell due. The same rate applies when a buyer pays an instalment late. Rule 18 says a refund, with interest and compensation, must be paid within 60 days of becoming due. The exact rate and amount in your case are fixed by the RERA order.
Bought from the landowner's share? Many Patna apartments are built under a landowner–builder agreement. Under the 2026 Regulations (Regulation 10), a landowner who actively takes part in the development, shares profits, or markets and sells units on their own can be treated as a promoter when a complaint is decided. For compensation over a defective title, the builder and the landowner are jointly liable.
Who can file a complaint with RERA Bihar?
- The buyer of the flat or plot (allottee)
- An association of allottees
- A voluntary consumer association registered under any law
- A promoter, too, against a buyer or agent
A complaint can be against a promoter, a buyer or a real estate agent, for any breach of the Act, Rules or Regulations (Section 31; RERA Bihar FAQ Q22–23). If many buyers in one project are affected, filing together as an association is easier.
Form M or Form N: which one do you need in Patna?
| Form M | Form N | |
|---|---|---|
| Filed with | RERA Bihar Authority | Adjudicating Officer (AO) |
| When | Complaints where no compensation is claimed | When you claim compensation (matters under Sections 12, 14, 18, 19) |
| Fee | ₹1,000 (Rule 36) | ₹1,000 (Rule 37) |
| Heard by | A bench of the Chairperson or Members (Regulation 22) | A judicial officer who is or has been a District Judge (Section 71) |
The good news: you don't have to decide this yourself. The portal picks Form M or Form N automatically from the prayer you choose (RERA Bihar complaint user manual; FAQ Q24–25). The portal lists 11 prayers: refund, possession, revocation of the project, compensation, amenities, possession and share under a development agreement, parking, execution of sale deed, execution of agreement for sale, structural defect, and defective title.
How to file a RERA Bihar complaint online (step by step)
- On rera.bihar.gov.in, open Complaints → Complaint filing.
- Click Create an account and verify your mobile number by OTP. Your user ID and password arrive by email and SMS.
- Log in and open the complaint form. Read the instructions and declaration at the top, then choose the type of prayer.
- Project details: whether the project is RERA-registered, project and promoter name, block, flat number, RERA registration number (BRERAP…).
- Your details: name, mobile, email, Aadhaar or passport number (upload a copy), address and address for notices.
- Builder's details: name, phone, email, office address and address for notices.
- Complaint: subject, facts (with dates) and the relief you want.
- Upload all supporting documents as PDF.
- Pay the fee by card or net banking. A complaint ID is generated once payment goes through. According to the manual, filing is fully digital; you don't submit a paper copy.
- Print the full form using the print icon. If RERA's legal team finds a defect, file a Rectification petition and extra papers online from the same login.
Language: the 2026 Regulations (Regulation 18) say proceedings are in English or Hindi and the Authority may accept complaints in either. The form instructions in the 2017 Rules ask for English, so if you write in Hindi, attaching an English translation is the safe choice.
Documents to attach (checklist)
- Agreement for sale and allotment letter (especially the page with the possession date)
- Every payment receipt and the bank statements showing money paid to the builder
- The builder's demand letters, emails and WhatsApp messages giving new dates
- The brochure or advertisement promising the possession date or amenities
- The project's registration certificate and latest quarterly progress report (QPR) from the RERA portal
- If you took a home loan: the sanction letter and EMI details (useful for a compensation claim)
- A copy of your Aadhaar or passport
Section 18 makes the builder liable to refund "on demand". So before filing, it helps to send the builder a written demand (email or registered post) and keep a copy. Say clearly whether you want a refund or interest for the delay.
What happens after you file?
- RERA sends the builder a notice with your complaint; the builder replies within the time given (Rule 36(2)).
- You are told the hearing date too. If the builder admits the breach, the order follows on that basis; if not, documents and evidence are called for.
- RERA can summon witnesses and documents. If a party doesn't appear when called, the hearing can go on without them.
- A written order is passed and uploaded on the RERA website (Regulation 24).
How long does it take? The Act asks the Adjudicating Officer to try to decide a compensation application within 60 days, and to record reasons if that isn't possible (Section 71(2)). So it can take longer. When fixing compensation, the officer looks at the builder's unfair gain, your loss, and whether the builder repeats such defaults (Section 72).
Can't attend yourself? You can appear in person or authorise a lawyer, chartered accountant, company secretary or cost accountant under Section 56, with an authorisation letter or vakalatnama in Form 5 (Regulation 23). RERA Bihar's head office: 6th Floor, Bihar State Building Construction Corporation campus, Hospital Road, Shastri Nagar, Patna 800023.
How to check case status and orders online
- Complaints → Search Complaint/Case Status: search by case number or complaint ID to see hearings and history.
- Court Proceeding and Interim Orders: hearing proceedings and interim orders.
- Order/Judgments (Authority) and Order/Judgments AO (Adjudicating Officer): final orders. Search your builder's name here too, to see past cases against them.
A faster route without a full case: BCDRC conciliation
RERA Bihar has set up the Bihar RERA Conciliation and Dispute Resolution Cell (BCDRC). Its FAQ says conciliation is usually done in 2–3 sittings and costs less time and money than a complaint (FAQ Q27–28).
- How to start: either party applies in Form 1-C to RERA Bihar or its bench, the Adjudicating Officer or the Conciliation Cell, by email, registered/speed post or by hand, and invites the other party to conciliation (Q29).
- Conciliators: one from a buyers' association, one from a builders' association, and one conciliator consultant from RERA Bihar (Q30).
- Settlement not honoured: you can go to RERA or the AO for execution under Section 40 (Q31).
- Status of conciliation cases: Complaints → Search Conciliation Complaint/Case Status.
Our view: if the builder is still working and only the date has slipped, try conciliation first. If work has stopped for months or the builder won't take your calls, file a complaint straight away.
The builder won't pay even after the RERA order. Now what?
- Execution petition: if the order isn't obeyed in the time given, file an execution petition in Form 8 with a fee of ₹250 (Regulation 31). On the portal: Complaints → Execution filing.
- Recovery as land revenue arrears: interest, penalty or compensation ordered by RERA can be recovered as arrears of land revenue (Section 40(1)). In Bihar this runs as a certificate (PDR) case; such builders appear on the portal's Defaulter List → Execution / PDR.
Appeal if you disagree with the order
| Level | Deadline | Key point |
|---|---|---|
| Real Estate Appellate Tribunal | 60 days from receiving a copy of the order (Section 44(2)); later only for sufficient cause | Form L, fee ₹5,000 (Rule 27) |
| If the builder appeals | — | Before the appeal is heard, the builder must deposit at least 30% of the penalty, or the full amount payable to the buyer (with interest and compensation), or both (Section 43(5)) |
| Patna High Court | 60 days from the Tribunal's order | Only on the grounds in Section 100 of the CPC (Section 58) |
RERA, consumer commission or civil court?
- Not the civil court: a civil court can't hear matters that RERA, the AO or the Tribunal can decide (Section 79).
- The consumer commission is another route: the RERA Act is in addition to other laws, not a replacement (Section 88). But in Forms M and N you declare that the same matter isn't pending before any other court, authority or tribunal. So pick one forum for one dispute.
- For a buyer in a registered project, RERA is usually the direct route: online filing, a ₹1,000 fee, and the builder's whole project record already sits with RERA.
What if the project isn't registered with RERA?
The complaint form asks whether the project is RERA-registered, so a complaint can be filed for such a project too. You can also use Report Unregistered Project on the portal; RERA Bihar says the identity of the person reporting is kept confidential (FAQ Q32). Keep in mind that small projects are exempt from registration (Section 3(2)); this guide explains which projects fall under RERA.
- Real Estate (Regulation and Development) Act, 2016: Sections 3(2), 14(3), 18, 19(4), 31, 40, 43(5), 44, 56, 58, 71, 72, 79, 88 — PDF (rera.bihar.gov.in)
- Bihar Real Estate (Regulation and Development) Rules, 2017: Rules 17 (interest), 18 (refund in 60 days), 27 (appeal ₹5,000, Form L), 36 (Form M, ₹1,000), 37 (Form N, ₹1,000) — rera.bihar.gov.in
- Bihar Real Estate Regulatory Authority (General) Regulations, 2026, Notification No. RERA/Regulation/61/2026-1027, 28 Aug 2026, Bihar Gazette (Extraordinary) No. 1079, 7 Sep 2026: Regulations 10, 17, 18, 22, 23, 24, 31 (English text, p. 54–64) — PDF
- RERA Bihar FAQ (Q22–32) — PDF
- RERA Bihar Complaint filing User Manual — PDF
- RERA Bihar portal: Complaint filing, Search Complaint/Case Status, Search Conciliation Complaint/Case Status, Order/Judgments, Execution filing, contact page — rera.bihar.gov.in, checked 25 Oct 2026
What should you do? (our advice)
- Decide what you want first: your money back (exit) or interest for the delay (keep the flat). Say exactly that in the complaint.
- Make a table of dates: booking, agreement, every payment, the agreed possession date, and every new promise. It's the backbone of your case.
- Save QPR screenshots: unfinished work shown in the builder's own RERA filing is your strongest evidence.
- Think before you stop paying: a buyer's late instalment attracts the same interest (Rule 17). If you hold back a payment, give your reason in writing first.
- Living outside Patna? File online, and if a hearing needs someone present, authorise a representative through Form 5.
Read next: Patna flat buying checklist · How to avoid property fraud in Patna · Plot buying guide for Patna
RERA Bihar complaint: frequently asked questions
- How do I file a complaint against a builder in RERA Bihar?
On rera.bihar.gov.in go to Complaints → Complaint filing, create an account with mobile OTP, choose your prayer, fill in project, your and the builder's details, upload evidence as PDF and pay the ₹1,000 fee online. You get a complaint ID after payment.
- What is the RERA Bihar complaint fee?
Under Rules 36 and 37 of the Bihar RERA Rules 2017, the fee is ₹1,000 for both Form M (Authority) and Form N (Adjudicating Officer). An execution petition costs ₹250 and an appeal to the Tribunal ₹5,000.
- How much interest does a builder pay for delayed possession in Bihar?
Under Rule 17, 2% above State Bank of India's lending rate on the date the amount fell due. If you stay in the project you get interest for every month until possession; if you exit, you get a full refund with interest and compensation (Section 18).
- What is the difference between Form M and Form N?
Form N goes to the Adjudicating Officer when you claim compensation. A complaint without a compensation claim goes to the Authority in Form M. The portal picks the form automatically from the prayer you choose.
- How do I check my RERA Bihar case status?
Go to Complaints → Search Complaint/Case Status and enter your case number or complaint ID. Orders are under Order/Judgments and Order/Judgments AO; conciliation cases under Search Conciliation Complaint/Case Status.
- Do I need a lawyer for a RERA complaint?
No. You can file and appear yourself. If you want, you can authorise a lawyer, chartered accountant, company secretary or cost accountant under Section 56 with a Form 5 authorisation.
- What if the builder doesn't follow the RERA order?
File an execution petition in Form 8 with a ₹250 fee (Complaints → Execution filing). Amounts ordered by RERA can be recovered as arrears of land revenue (Section 40).
This article is based on the RERA Act 2016, the Bihar RERA Rules 2017, the Bihar RERA (General) Regulations 2026 (Gazette No. 1079), RERA Bihar's FAQs and complaint user manual, and the RERA Bihar portal as checked on 25 October 2026. Portal menus, fees and rules can change; check the portal again before filing. This is general information, not legal advice; for a large or complicated case, consult a lawyer.
