Real Estate: Are Home & Real Estate buyers protected?
YES, real estate transactions fall under the Consumer Protection Act, 2019.
Homebuyers can file complaints against builders, developers, and real estate agents for
unfair practices, delays, or defective construction.
Real Estate as "Goods" and "Services" Under CPA 2019
• Section 2(7) – "Goods": A house, apartment, or plot purchased for personal use
qualifies as a good under CPA 2019.
• Section 2(42) – "Service": Real estate services like property development,
brokerage, and construction are covered.
• Section 2(11) – "Deficiency in Service": If a builder fails to deliver on promises,
they can be held liable.
Who Can Be Sued?
• Builders & developers
• Real estate agents
• Housing societies
• Property management companies
When Can You File a Complaint
1. Delayed possession of property (Builder fails to deliver on time)
2. False promises in advertisements (Amenities, specifications not provided)
3. Poor quality construction or structural defects
4. Hidden charges or unfair terms in the agreement
5. Changes in layout, size, or specifications without consent
6. Failure to provide occupancy certificate or legal approvals
Complaint Procedure?
1. RERA (Real Estate Regulatory Authority) – First Option
• If the project is registered under RERA (Real Estate Regulation and Development
Act, 2016), file a complaint with State RERA for:
o Delayed possession
o Refund & compensation claims
o Non-fulfilment of agreements
2. Consumer Commission Under Consumer Protection Act 2019 – Second Option
• If RERA does not provide relief, you can file a complaint under CPA 2019:
o District Consumer Commission.
o State Consumer Commission.
o National Consumer Commission.
