A homebuyer in the US can file a complaint against a builder before the state RERA authority online, seeking a refund with interest, compensation for delay or possession. You authorise us through a vakalatnama or power of attorney signed before a US notary and apostilled. Most authorities hold hearings by video, so you do not need to travel. Orders can be enforced like decrees through the authority and the civil court.
- Document route
- US notary, then apostille from the state Secretary of State
- Time difference
- IST is 9h30 (US Eastern, summer) to 13h30 (US Pacific, winter) ahead
- Law
- Real Estate (Regulation and Development) Act 2016
- Main remedy
- Section 18: refund or delay interest
Builder Delay & RERA from the USA: how it works
We review the builder-buyer agreement, the allotment letter, payment receipts and the builder's emails. The key dates are the promised possession date and any extension granted by RERA to the project. We check the project's registration, quarterly progress reports and complaints already decided against the same builder, which often show how the authority approaches it. The complaint is drafted in the state RERA's format and filed online with the fee, and your signature is obtained digitally where the authority allows or through notarised and apostilled documents.
Hearings take place before the authority or its adjudicating officer, usually by video. Where a buyer wants to exit, refund with interest at the prescribed rate is the normal remedy for delay, as the Supreme Court confirmed in Newtech Promoters (2021). If you want the flat, the authority can order interest for every month of delay until possession. We also check whether a consumer complaint is better in your case, and whether the builder is in insolvency, which changes the route entirely.
What clients in the USA should know
- Payments made from your NRE account or by foreign remittance are refunded into the same account route, keeping the money repatriable to the US.
- If the builder has gone into insolvency, you file a claim as a financial creditor with the resolution professional rather than pursuing RERA.
- Delay compensation and interest received may be taxable as income in India and must also be reported on your US return.
Step by step from the USA
Video consultation
A call at a time that suits the USA, after we have read your documents.
Documents signed in the USA
US notary, then apostille from the state Secretary of State
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the USA where needed.
The full guide
This page covers what changes when you are in the USA. For the law, the documents and the step-by-step procedure, read our main page on Builder Delay & RERA, or see all services for clients in the USA and the NRI Property Law practice area.
Questions from clients in the USA
Can I file a RERA complaint without visiting India?
Yes. Filing is online in most states and hearings are by video. Documents are signed in the US and sent by courier or electronically.
Should I choose RERA or the consumer commission?
Both are available for delay. RERA is often faster and specialised; the consumer route can be useful for wider compensation claims. We advise after reading your file.
What interest will I get on a refund?
The prescribed rate is linked to the State Bank of India's lending rate plus two per cent, as set by each state's RERA rules.