Claims under RERA / NCLT / Consumer Court — for NRIs

NRI specifics

NRI complainants can file before RERA/NCLT/Consumer Forums without travelling to India — appearance can be made through an authorised representative (counsel) or via video hearing. Refund orders are paid into your NRO account; repatriation thereafter follows the USD 1 million per financial year route with Form 15CA/15CB.

All consideration flows are routed through your NRO/NRE account where applicable. Repatriation of any net proceeds is handled under the USD 1 million per financial year limit, with Form 15CA / 15CB and Section 195 TDS clearance coordinated with your CA.

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What This Service Is

If a builder has wronged you, you have a few main legal options. You can approach the Real Estate Regulatory Authority (RERA) under the RERA Act, 2016 — the law that protects homebuyers. You could also go to the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code (IBC), 2016 — the law for resolving company debts. A third option is the Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019 — the law protecting consumer rights. Each of these bodies has different rules. They handle different types of cases, have their own deadlines, need specific evidence, and can give different results. If you pick the wrong one, or start a case without a good plan, you might lose your claim or wait many years for a solution.

This service combines legal insight with practical knowledge. Our team wrote parts of the RERA Act, 2016 and the IBC, 2016 rules. We will not only tell you the best body to approach, but also what evidence is most important. We will explain how similar cases were decided. This gives you a clear idea of what to expect before you spend money on a long legal battle.

What the Service Entails

Step 1: We review all your important papers. These include your allotment letter (the document reserving your property), your builder-buyer agreement (the contract between you and the builder), demand letters (invoices from the builder), payment receipts, and your possession letter (if you have one). We also check the RERA registration details for your project.

Step 2: We give you a Preliminary Strategy Report. This report compares all your legal options. It explains which body can hear your case, any time limits, your chances of success, and how long it might take. We will recommend the best path for you.

Step 3: You will have a focused 60-minute discussion with your lawyer. This is where you finalize your strategy and ask any specific questions.

Step 4: We provide a Final Strategy Report. This includes your recommended action plan. If you request it, we will also draft your complaint or petition. You will get a checklist of necessary evidence and an estimate of the timeline.

Our Specialized Inputs

The IndiaPropLaw team has unique experience. Some members served on the expert committee that created the RERA Act, 2016. Others wrote the rules for the Insolvency Resolution Process (CIRP) under the IBC, 2016. A team member was also a Techno-Legal Expert appointed by the Supreme Court in the Supertech Twin Towers case. This was one of India's biggest cases involving homebuyers and company debt. This deep, inside knowledge helps our strategy advice stand out. We know how RERA authorities and NCLT benches (the judges) evaluate claims from homebuyers. We understand what the laws were designed to do and how they actually work.