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The short answer
An Odisha RERA complaint is filed with the Odisha Real Estate Regulatory Authority (ORERA) under Section 31 of the RERA Act, 2016, in Form VI (or Form VII for compensation) with a fee of Rs 1,000 under the 2017 Regulations. If possession is delayed, Section 18 lets a buyer take a refund with interest or stay on and get interest for each month of delay, at SBI's highest MCLR plus two per cent. Appeals go to the Odisha Real Estate Appellate Tribunal within 60 days.
Odisha RERA complaint: who can file and against whom
An Odisha RERA complaint is filed before the Odisha Real Estate Regulatory Authority (ORERA) in Bhubaneswar under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA). It can be filed against a promoter (builder or developer), an allottee or a real estate agent for any breach of the Act, the Odisha Real Estate (Regulation and Development) Rules, 2017 or the ORERA Regulations, 2017.
Flat and plot buyers (allottees) file most complaints, but they are not the only ones who can. In an appeal reported in December 2025, the Odisha Real Estate Appellate Tribunal held that "any aggrieved person" can complain under Section 31, and directed ORERA to restrict a project's registration to land the developer actually owned after a landowner complained.
First check: is the project RERA-registered in Bhubaneswar or elsewhere in Odisha?
Under Section 3, a promoter cannot advertise, book or sell units in a real estate project without registering it with the Authority, except small projects (land up to 500 square metres or up to eight apartments) and some others the Act exempts. Search the project and the promoter on the ORERA website and download:
- the registration certificate and the declared completion date;
- the sanctioned plan and approvals uploaded by the promoter;
- the promoter's quarterly progress reports, which show actual progress and money spent.
An unregistered project being sold is itself a violation you can complain about. Registration does not prove good title to the land, so also see the land-buying checklist.
Buyer rights the complaint usually relies on
- Agreement for sale (Section 13). A promoter cannot take more than ten per cent of the cost as advance without first entering into a written agreement for sale and registering it. The Odisha Rules require the agreement to follow the prescribed model form (Rule 8).
- Possession on time, or refund (Section 18). If the promoter fails to complete or give possession by the date in the agreement, the allottee may withdraw and get back the full amount paid with interest and compensation, or stay in the project and be paid interest for every month of delay until possession.
- Interest rate. Rule 16 of the Odisha Rules fixes the interest payable by the promoter (and by an allottee who defaults) at the State Bank of India's highest marginal cost of lending rate plus two per cent.
- Structural defects (Section 14(3)). Structural defects or poor workmanship reported within five years of possession must be fixed by the promoter without charge.
- Documents and common areas (Sections 11, 17, 19). The allottee is entitled to information on plans and schedule, the conveyance deed, and handover of common areas to the association of allottees (see apartment ownership in Odisha).
How to file an ORERA complaint online, step by step
- Write to the promoter first. A dated letter or email listing the breach and the relief you want creates a record. A formal legal notice is optional but often useful.
- Collect documents. Allotment letter, agreement for sale, payment receipts and bank statements, brochure and advertisements, correspondence, and the project's RERA page.
- Choose the right form. Under the ORERA Regulations, 2017, a complaint to the Authority is filed in Form VI (Regulation 6), and a complaint for compensation to the Adjudicating Officer in Form VII (Regulation 7).
- Pay the fee. The Regulations fix the complaint fee at Rs 1,000 for each form, payable online or by demand draft or pay order in favour of the Authority. Confirm the current fee on the portal before paying.
- File through the ORERA portal or at the Authority's office in Bhubaneswar, and keep the complaint number. Notices are issued to the other side, and service by electronic means is valid.
- Hearings. The respondent files a reply; the Authority hears both sides and passes an order. Keep track of the cause list, as matters proceed on the dates fixed.
Builder delay compensation in Odisha: Authority or Adjudicating Officer?
The Supreme Court in Newtech Promoters and Developers v. State of UP (2021) explained the split. A claim for refund of the amount with interest, or interest for delay, is decided by the Authority. A claim for compensation (for example for mental agony or loss beyond interest) is decided by the Adjudicating Officer under Section 71, considering the factors in Section 72. Many buyers file both, using the right form for each.
Orders are enforced under Section 40: amounts not paid can be recovered as arrears of land revenue.
Appeal against an ORERA order
- Appellate Tribunal: an appeal against an order of the Authority or the Adjudicating Officer lies to the Odisha Real Estate Appellate Tribunal under Section 44, within 60 days of receiving the order. Under Rule 27 of the Odisha Rules, it is filed in Form J with a fee of Rs 5,000.
- Pre-deposit by a promoter: a promoter who appeals must first deposit at least 30 per cent of any penalty, or the full amount ordered to be paid to the allottee with interest and compensation (Section 43(5)).
- High Court: a second appeal on a question of law lies to the Orissa High Court under Section 58, within 60 days of the Tribunal's decision.
RERA vs consumer court in Odisha
Section 79 bars civil courts from matters RERA covers, but Section 88 says the Act is in addition to other laws. In Imperia Structures v. Anil Patni (2020), the Supreme Court held that an allottee can still approach a consumer commission for delay in possession; the choice of forum belongs to the buyer. In practice:
| ORERA | Consumer commission | |
|---|---|---|
| Who can file | Any aggrieved person, including non-allottees | A "consumer" (buyers for personal use; not purely commercial purchases) |
| Typical relief | Refund with interest at the Rule 16 rate, delay interest, directions to complete, registration action against the promoter | Refund, compensation, costs |
| Forum | ORERA, Bhubaneswar, for the whole State | District, State or National Commission depending on the amount paid |
| Fee | Rs 1,000 per complaint under the 2017 Regulations | Depends on the amount; see the consumer complaint guide |
Do not pursue the same relief in two forums at once; the second forum may decline or the orders may conflict. If you cannot afford an advocate, see free legal aid in Odisha. Related work handled is described under consumer matters and land and property; forums are listed on the courts page.
Frequently asked questions
What is the fee for a RERA complaint in Odisha?
The ORERA Regulations, 2017 fix Rs 1,000 for a complaint to the Authority (Form VI) and Rs 1,000 for a compensation complaint to the Adjudicating Officer (Form VII). Check the portal for any revision before paying.
How much interest does a builder pay for delay in Odisha?
Rule 16 of the Odisha RERA Rules, 2017 sets the rate at the State Bank of India's highest marginal cost of lending rate plus two per cent, for every month of delay or on a refund.
Should I go to RERA or the consumer court for builder delay?
Both are open to a buyer; the Supreme Court confirmed this in Imperia Structures (2020). ORERA applies the Rule 16 interest rate and can act on the project's registration, while consumer commissions can award compensation and costs. Choose one forum for the same relief.
How do I check whether a project in Bhubaneswar is RERA registered?
Search the project or promoter name on the ORERA website and download the registration certificate, completion date and quarterly progress reports.
What is the time limit to appeal an ORERA order?
60 days from receipt of the order, to the Odisha Real Estate Appellate Tribunal under Section 44, in Form J with a Rs 5,000 fee. A promoter must first make the deposit required by Section 43(5).
Can a landowner or non-buyer complain to ORERA?
Yes. The Odisha Real Estate Appellate Tribunal held in a decision reported in December 2025 that any aggrieved person, not only an allottee, can file a complaint under Section 31.
Official sources
- Odisha Real Estate Regulatory Authority (ORERA)
- Odisha Real Estate (Regulation and Development) Rules, 2017
- ORERA Regulations, 2017 (complaint forms and fees)
- Housing & Urban Development Department, Odisha: regulations
- LiveLaw: Odisha REAT on complaints by non-allottees (Dec 2025)
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.