RERA: A toothless watchdog promoting builder impunity
India, April 19 -- A headline in the Hindustan Times on February 13, RERA doing nothing except helping defaulting builders, brought home the rot in the Real Estate Regulatory Authority (RERA). This scathing observation came from no less a constitutional authority than the Chief Justice of India. With his vast experience in gauging grassroots perceptions, the CJI's words brought home the systemic rot within RERA.
The fact is that the RERA Act of 2016 was envisioned as beneficial legislation, mirroring the spirit of the Consumer Protection Act of 1986. It was supposed to bring transparency, accountability, and a level playing field to an industry notorious for its opacity. Unfortunately, RERA's administrative functioning and its evolving jurisprudence have suffered from a truncated, lopsided growth. Today, the institution leans so heavily toward private builders that it has left naive allottees in a legal and financial lurch.
Firstly, RERA as a regulator has failed miserably to carry out its statutory duties regarding project monitoring from conception to completion. One of the biggest culprits in this regulatory vacuum is the self-certification licensing regime granted to architects of private colonisers. Under the provisions of various building codes-such as the Haryana Building Code-2017-architects are empowered to certify their own employers' compliance.
This system has turned into an Ali Baba's cave, providing a licence for unchecked manipulation by private colonisers. At present, when real estate prices have shot through the roof at an unimaginable pace, this state-sponsored self-certification is nothing short of financial persecution. It allows builders to bypass structural and safety norms, while the regulator looks the other way.
Such glaring, wholesale violations attracted the ire of the Supreme Court on February 25, 2026, in the case of Swarnpreet Kaur (Civil Appeal No. 8049/2023). In that landmark scrutiny, the apex court dug deep into what is clearly just the tip of the iceberg.
While both the Consumer Protection Act and RERA-2016 are meant to be consumer-centric, the latter has become so distorted that the complainant approaching the authority today feels like a victim entering a police station to report a crime, only to be treated like the accused.
The real key issues-the ones that actually hit the buyer's pocket-remain wrapped in confusion and mystery. There is a persistent lack of clarity regarding actual carpet area which can only be calculated by the electronic version of DWG AutoCAD digital drawings that are also the property of the allottee. Builders continue to charge exorbitant rates for super areas despite the construction cost for these spaces being nowhere near that of a finished, luxury apartment.
We see the rampant throttling of allottees through "premature" occupation certificates (OC). Builders frequently obtain these certificates for raw, skeletal structures that lack basic infrastructure, simply to extort the remaining sale consideration well ahead of actual possession timelines. It is a predatory tactic designed to garner and bulldoze huge amounts of money from allottees before the project is even livable. These "paper possessions" are a fraud on the consumer, yet they are frequently validated by a dormant regulatory framework.
The story of exploitation reaches its nadir during the execution of the buyer-seller agreement. Hapless consumers are subjected to a practice terribly frowned upon by the Supreme Court: The execution of "adhesion agreements." These are one-sided, take-it-or-leave-it contracts where there is zero element of informed consent.
The "bulldog" sales teams of private builders dictate every term. They coerce buyers into dealing only through company representatives. After the buyer has already committed their life savings-a fact noted by the Supreme Court in the Swarnpreet Kaur case-they are told to simply show up at the tehsil for registration. Fearing the loss of their life's investment, buyers timidly sign on the dotted line. The sales teams cultivate a false impression that the buyer has "struck gold," while in reality, they have signed away their legal rights.
History shows us that when the legislature and the executive fail, the judiciary must step in. In 1997, the Supreme Court laid down the Vishaka Guidelines to tackle sexual harassment; it established the DK Basu guidelines to prevent custodial torture; and the Punjab and Haryana high court has proactively intervened in matters of runaway marriages.
Punjab and Haryana high court chief justice Sheel Nagu has been remarkably proactive and progressive in matters of public importance. His court would do a great service to future generations of the tricity by laying down cogent guidelines to regulate the private real estate sector.
At present, the governments of Punjab and Haryana seem intent on keeping real estate secrets buried; even RTI queries yield no information, and RERA appears to wholeheartedly support this culture of silence. By the time the project completion finishes the allottee is tired and worn out. Litigation does not make much progress. There is price escalation. Builder is laughing all the way to the bank. Dejected disheartened litigants realise it was a futile effort, and they make their peace.
As it stands, RERA 2016 has become a tragic version of Kaun Banega Crorepati, where the options for the allottee are:
[a] An albatross around the neck.
[b] A source of Schadenfreude (guilty pleasure) for the builder lords.
[c] A dog without teeth.
[d] A virtuous handmaiden to real estate giants.
Unlike the TV show, the suffering homebuyer doesn't have to choose just one-today's reality is a loud, clear tick for all four....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.