UP RERA Lawyer & Advocate in Lucknow — Builder-Buyer Disputes, RERA Complaint Filing & REAT Appeals

Our Lucknow Chambers

Reach our Lucknow team at Shushant Golf City or our chamber at the Allahabad High Court, Lucknow Bench in Gomti Nagar. Please call to confirm the appropriate chamber and arrange your consultation before visiting.

RERA Statutory Framework

The key provisions separate Authority complaints, compensation adjudication, appellate remedies and enforcement. Check the current Uttar Pradesh rules, official directions and applicable decisions for the particular project.

UP-RERA Lucknow Bench, Adjudicating Officer & UP-REAT Statutory Matrix

For a Lucknow project, the forum, the statutory provision and the remedy must match. Confirm the current bench allocation, rules and binding decisions before filing.

From Project Review to Order Enforcement

Six stages explain how a Lucknow RERA matter may proceed, with a separate route for compensation and further steps for appeal or non-compliance. Not every case needs every stage; the outcome and timing depend on the facts and the competent forum.

1. Stage 1

   Identify the Project, Forum and Existing Proceedings

   Forum: UP-RERA, Lucknow, subject to the current project allocation and jurisdiction

   We begin with a confidential consultation to understand the facts, your expectations and any urgent dates, while safeguarding your privacy. Identify the registered project and phase, promoter entity, unit number and project address. For a Lucknow project, check the current UP-RERA allocation rather than selecting a bench by the buyer's residence or the advocate's chamber. Registration, completion status and the nature of the alleged default affect maintainability. A dispute over title or a development authority's decision may require a different remedy from a complaint against the promoter.

   Disclose earlier complaints, consumer proceedings, settlements, orders and any promoter insolvency. These records help identify whether the next step is an original complaint, compensation adjudication, an appeal or execution. Obtain the complete orders and record when copies were received. A fresh complaint should not be assumed to reopen an issue already decided, and overlapping proceedings need advice on maintainability and double recovery before any new filing.

   Key provisions: Sections 3, 31 and 71, RERA Act, 2016

   • Registered project and phase details
   • Promoter legal name and unit details
   • Earlier proceedings, settlements and orders

2. Stage 2

   Reconstruct the Payments and Choose the Relief

   Forum: Document assessment before the appropriate UP-RERA complaint or compensation route

   Prepare a chronology from booking through the promised possession date to the present position. Match each payment to a receipt or bank entry, separate disputed charges, and retain possession offers, occupancy or completion records and written extensions. Registration extensions and contractual grace clauses need examination; neither should be treated as automatically deciding the buyer's entitlement. Record whether the buyer wants to remain in the project or withdraw.

   Where Section 18 applies, withdrawal may support return of the amount paid with prescribed interest; remaining in the project may support monthly delay interest until possession. Compensation is a distinct adjudication under Sections 71 and 72, not simply another name for refund or interest. Identify each claim, the evidence supporting it and the competent decision-maker. Draft calculations with their assumptions visible, and review settlements or prior orders that may alter the available remedy. We explain the strengths, risks and available legal routes before agreeing a case-specific strategy.

   Key provisions: Sections 18, 19, 71 and 72, RERA Act, 2016; Applicable Uttar Pradesh RERA Rules

   • Agreement and payment ledger
   • Possession date and communications
   • Separate relief and calculation schedule

3. Stage 3

   File the Correct Complaint and Address Service

   Forum: UP-RERA Authority or the competent adjudicating officer, as applicable

   The agreed strategy is translated into precise pleadings supported by the reviewed documents. A Section 31 complaint should identify the alleged violations, correct parties, project registration and specific directions sought. Refund and prescribed interest fall within the Authority's remit, while adjudication of compensation under Sections 12, 14, 18 and 19 belongs to the adjudicating officer. Check current portal instructions, prescribed forms, fee, authorisation and annexure requirements. An online submission does not by itself establish that the chosen route or relief is maintainable.

   Keep the filing acknowledgement and complete submitted papers, answer registry defects and follow the directions for service and replies. If interim protection is necessary, identify the urgency and the legal basis for a separate request rather than assuming filing suspends a cancellation or demand. Developers responding to complaints should provide the agreement, payment account, approvals and factual explanation, with supporting records. Hearing dates and procedural directions must be tracked independently of informal settlement discussions.

   Key provisions: Sections 31, 35, 36, 38 and 71, RERA Act, 2016

   • Indexed complaint or response
   • Authorisation and filing receipt
   • Service record and interim request, if justified

4. Stage 4

   Present Evidence and Check the Operative Order

   Forum: The UP-RERA bench or adjudicating officer hearing the matter

   We prepare and present the evidence and arguments with attention to the forum's directions and filing deadlines. Organise the evidence around disputed dates, payments and obligations. Compare the agreement and registered disclosures with the promoter's reply, possession communications and any completion documents. Explain missing records, defaults alleged against the allottee and the basis of the interest calculation. Compensation claims need evidence of the alleged loss and the statutory factors, rather than a figure unsupported by documents. Follow the forum's directions for affidavits, submissions and attendance.

   If settlement is proposed, specify the amount or possession obligation, instalments, interest, default consequences and treatment of pending proceedings before signing. After adjudication, obtain the complete order and read its operative directions, compliance period and calculation basis. Record receipt and service dates, payments already made and any obligation that remains uncertain. The statutory disposal framework is not a guaranteed decision date; hearing requirements, contested evidence and case circumstances can affect the actual course. We provide updates after each hearing, explain the directions made and confirm any next steps or filing deadlines requiring your instructions.

   Key provisions: Sections 18, 38, 71 and 72, RERA Act, 2016

   • Evidence index and written submissions
   • Proposed settlement terms
   • Complete order and receipt dates

5. Stage 5

   Assess an Appeal and Any Application for Stay

   Forum: Uttar Pradesh Real Estate Appellate Tribunal (UP-REAT), Lucknow

   Section 44 generally allows sixty days from receipt of the copy of the Authority's or adjudicating officer's order to appeal. Preserve that evidence and identify legal or factual errors with reference to the record. A delayed appeal requires sufficient cause and is not assured admission. Consider whether an interim stay is needed, because filing an appeal alone does not suspend the order or erase the obligation to comply with it.

   A promoter appealing under Section 43(5) must address the statutory pre-deposit: at least thirty per cent of a penalty, or a higher percentage determined by the Tribunal; the total amount payable to the allottee including interest and compensation; or both, as applicable. It is not a general thirty-per-cent cap on the buyer's award. Further High Court recourse under Section 58 has its own grounds, time requirements and territorial rules; the appropriate bench must be checked for the particular order.

   Key provisions: Sections 43(5), 44 and 58, RERA Act, 2016

   • Order copy and proof of receipt
   • Appeal grounds and limitation assessment
   • Pre-deposit and stay documents, where applicable

6. Stage 6

   Pursue Compliance, Execution and Recovery

   Forum: UP-RERA execution process; competent Collector or District Magistrate where recovery is directed

   If the compliance period passes without performance, prepare the execution request using the order, proof of service and a calculation of what remains due. Distinguish an unpaid monetary direction from an obligation to deliver possession, rectify a defect or perform another act. Section 40 separates recovery and enforcement mechanisms; the appropriate application depends on the operative order and prescribed procedure. An execution request should identify earlier receipts and avoid overstating the unpaid balance.

   Where a recovery certificate is issued, track its transmission and action with the competent revenue authority rather than treating the certificate as payment. For a Lucknow project, confirm which district and officer the certificate actually addresses. Check for an appellate stay, insolvency moratorium or other legal restriction before taking further steps. Recoverability depends on compliance and available legal mechanisms, not only the merits of the complaint, so neither a collection date nor a cash refund can be promised. After resolution, we explain any remaining compliance requirements and identify further legal steps or support you may need.

   Key provisions: Section 40, RERA Act, 2016; Applicable Uttar Pradesh recovery and enforcement procedure

   • Execution request and outstanding balance
   • Service and compliance record
   • Recovery certificate, stay or insolvency papers