A complaint is easier to examine when each material assertion can be traced to a signed paper, bank transaction, dated communication or official project record. This guide explains how to create a reliable homebuyer evidence bundle, reconcile receipts to bank debits, document possession and cancellation disputes, and identify gaps before preparing a RERA complaint.
The seven-file preparation method
- Allottee, promoter, project and unit identity.
- Booking form, allotment and agreement for sale.
- Payment ledger supported by receipts and bank entries.
- Possession clause, project registration, approvals and extensions.
- Demand, default, cancellation and settlement communications.
- Complete dated correspondence and reliable digital records.
- Chronology, annexure index and relief-specific calculation.
1. Establish the promoter and project identity
Record the exact legal name of the promoter on booking documents and the competent State RERA registration record, together with its project or phase number, tower, unit number, carpet area and allottees' names. A marketing name may differ from the contracting company. Obtain a dated copy of the project's publicly available registration particulars, disclosed completion schedule and extension or revocation orders where relevant. Do not assume that a group company or a director is personally liable simply because they appear in publicity.
2. Preserve booking, allotment and contract papers
Keep the signed booking/application form, allotment letter, final agreement for sale, registration particulars, payment schedule, sanctioned specifications and all addenda. Label an unsigned draft agreement as a draft. Section 13 of the Real Estate (Regulation and Development) Act, 2016 generally prevents a promoter from accepting more than ten per cent of the unit cost as an advance or application fee without first entering into a written agreement for sale and registering it. If no agreement was supplied, preserve the booking records, correspondence and payments; do not invent a contractual possession deadline.
Retain advertisements and brochures separately from signed contractual promises. Depending on facts, Sections 11, 12, 14, 17 and 19 make disclosures, representations, sanctioned plans, conveyance obligations and allottee payment duties relevant. A claim based on an original specification should attach the relevant original plan or document rather than a later unverified brochure.
3. Reconcile every amount claimed to bank evidence
Make a chronological payment schedule. For each entry write the debit date, amount, instalment purpose, beneficiary name and account, payment mode and transaction reference, corresponding promoter receipt, and any part-refund or credit. Verify the promoter's statement of account against bank statements, electronic transfer advices, cleared cheque records and payment acknowledgments. Do not add the bank statement total to the promoter ledger total: both may record the same instalment.
| Record | Essential fields | Evidence |
|---|---|---|
| Payment | Date, amount, instalment and payee | Bank debit, UTR or cleared cheque |
| Promoter receipt | Receipt number, allocation and tax/charge breakdown | Receipt or ledger entry |
| Loan disbursement | Amount actually released to promoter | Bank disbursement advice |
| Credit/return | Refund, adjustment or waiver | Credit note and bank credit |
| Difference | Unmatched payment or receipt | Marked reconciliation sheet |
If a builder issued only three receipts for four transfers, identify the fourth bank debit and payee and label the missing receipt as a disputed gap, not as an admitted payment. State the principal amount separately from tax, additional charges, interest and alleged consequential loss so the intended claim is transparent.
4. Add home loan and lender records
For financed purchases, include the sanction letter, actual disbursement account, tripartite or subvention arrangement, builder demand triggering each instalment, EMI/interest statement and material lender correspondence. Distinguish the financed amount from sums paid to the promoter. Loan interest or EMI expenses are not automatically identical to the statutory interest or refundable principal under Section 18; their treatment depends on the pleaded cause, evidence and available remedy.
5. Verify possession dates and official approvals
Extract the possession clause exactly, including the date or starting event and any grace period. Preserve extensions, amendments, promoter notices, final demand, offer of possession and occupancy/completion certificates. Check that a certificate actually covers the relevant phase or unit. Section 18 distinguishes withdrawal with a claim for refund and prescribed interest from continuing in the project and claiming delay interest until handover. A project-registration extension alone does not necessarily rewrite the allottee's individual contract or remove statutory rights.
6. Keep demands, alleged defaults and cancellation evidence
Collect every payment demand, interest-on-default computation, reminder, cancellation or forfeiture notice and the buyer's complete replies, with service/delivery proof. Under Section 19, an allottee also has payment-related duties. Omitting delayed buyer instalments, a cancellation request or a partial refund can undermine the chronology. If settlement negotiations occurred, preserve signed settlement terms and proof of payments or promises actually made. Do not describe a proposed settlement as completed unless supported by documents.
7. Preserve emails and messages without distorting context
Save complete email chains and attachments, postal acknowledgments, courier records and lawfully retained messaging exports. Note senders, dates and their relevance. Screenshots help locate a communication, but provenance, completeness and admissibility may require further verification. Where electronic evidence is disputed, the requirements of the applicable evidentiary statute, including the Bharatiya Sakshya Adhiniyam, 2023 where relevant, need separate consideration.
Relief-specific evidence matrix
| Potential relief / dispute | Key material | Common omission |
|---|---|---|
| Refund on withdrawal | Allotment, due possession date, receipts, cancellation/refund demands | Inflated or unverified amount paid |
| Possession with delay interest | Possession clause, extensions, OC, offers, dues ledger | Ignoring a valid offer or buyer default |
| Advance above Section 13 threshold | Application, payments, executed/registered agreement status | Describing an unsigned draft as executed |
| Changes to sanctioned plan | Original and revised plans, specifications, consent records | No reliable original baseline |
| Cancellation or forfeiture | Demands, cancellation letters, replies, adjustment ledger | Missing service and refund evidence |
| Compensation | Specific expense, loss, causation and supporting proof | Presenting estimates as proven loss |
Prepare the chronology and annexure index
Use a table with columns Date | Event | Document | Disputed fact | Relevance. Begin with booking and proceed through execution of agreement, payments, possession commitment, extension or default notices, cancellation or offer, and current status. Mark uncertain dates. Group the annexures as: A - identity/project registration; B - booking and agreement; C - money trail; D - possession and approvals; E - notices and replies; F - cancellation or settlement; G - supporting correspondence. Use page numbers, legible scans and consistent references in the complaint draft.
What if agreements, receipts or original records are missing?
List missing documents without fabricating or backdating replacements. Preserve alternate corroboration, such as bank debits, booking confirmation, promoter messages or the project's public disclosures, and requests sent to the promoter for its ledger or executed agreement. The impact of any missing paper depends on the underlying obligation and the competent forum's assessment; a documentary gap is not automatically fatal or automatically cured by a screenshot.
Bihar RERA complaint procedure and updated forms
Section 31 of RERA allows an aggrieved person to approach the Authority or Adjudicating Officer, as applicable. Bihar Rules 36 and 37 contain the complaint framework. Bihar RERA's published portal instructions and manual distinguish Form M and Form N by forum and relief. The statutory allocation of refund/interest directions and compensation adjudication must still be reviewed in light of Sections 18, 31 and 71, not assumed from a generic form label. Verify filing fees, annexure uploads and any representation requirements at the time of filing.
Bihar RERA's public notices identify General Regulations, 2026 notified on 16 September 2026. Their current text and live filing instructions should be checked before relying on earlier manuals or paper formats. Procedures in other States or Union Territories may differ materially.
Common mistakes before filing
- Totals in the complaint do not match payment receipts or bank records.
- Incorrect promoter company, project phase or allottee name.
- Unsigned contract treated as a concluded agreement.
- Due possession date asserted without clause or dated representation.
- Promoter allegations of buyer default left out of the record.
- Part-refunds, settlement and previous proceedings not disclosed.
- Contradictory claims of withdrawal and continued possession without explanation.
- Unnumbered, illegible or incomplete digital annexures.
Conclusion
The best starting point is not a generic prayer for relief but a verified money trail, reliable timeline and complete communications record. Those documents allow the buyer's contractual position, promoter conduct and potentially available RERA remedies to be analysed accurately. Maintainability, limitation, forum, interest and compensation still require review against the full facts and current State rules.
Last updated on: 08/10/2026 at 19:38
Useful Internal Pages
References / Sources
- Real Estate (Regulation and Development) Act, 2016, Sections 11-14, 17-19, 31 and 71.
- Bihar Real Estate Regulatory Authority, current project records and Acts & Rules.
- Bihar Real Estate (Regulation and Development) Rules, 2017, Rules 36-37 (verify against official text).
- Bihar RERA Complaint User Manual.
- Bihar RERA Public Notices, including 16 September 2026 Regulations notice.