What is Form M and N in RERA?
Joginder Singh Rohilla
Advocate at High Court of Madhya Pradesh, Indore | Civil & Criminal Lawyer In Indore
Under the Real Estate (Regulation and Development) Act, 2016 (RERA), various forms are prescribed for filing complaints, applications, and appeals. Among these, Form M and Form N are crucial for homebuyers and allottees who wish to file complaints or seek compensation for grievances related to real estate projects.
- Form M is used to file a complaint before the RERA Authority for project-related issues.
- Form N is used to file a complaint before the Adjudicating Officer when seeking compensation for financial loss or damages caused by the builder’s actions.
These forms help buyers, allottees, and real estate agents to formally register their grievances against builders, promoters, or agents who violate RERA provisions.
1. What is Form M in RERA?
Purpose of Form M
Form M is used to file a complaint before the RERA Authority regarding violations by the builder or promoter. This is applicable when:
- The project is delayed beyond the promised possession date.
- The builder changes the approved layout or project plan without consent.
- The builder refuses to register the project under RERA despite eligibility.
- The builder fails to provide promised amenities.
- Demand for additional, unfair charges beyond the agreement.
- Cancellation of allotment without valid reasons.
- Refusal to refund the amount despite failure in project completion.
Who Can File Form M?
- Homebuyers or allottees (individual or collective complaint).
- Legal heirs of a deceased allottee.
- Real estate agents affected by violations.
- Association of allottees representing a group of buyers.
Where to File Form M?
- Form M is filed online on the respective state RERA website (for example, [https://rera.mp.gov.in](https://rera.mp.gov.in) for Madhya Pradesh).
- It can also be physically submitted to the RERA office.
Fees for Filing Form M
- ?5,000 (varies by state).
- Payment can be made online or via demand draft.
Documents Required for Filing Form M
- Personal ID proof (Aadhaar/PAN Card).
- Copy of builder-buyer agreement or allotment letter.
- Payment receipts for transactions with the builder.
- Project registration number under RERA (if registered).
- Communication (emails, letters) between the complainant and the builder.
- Legal notices sent to the builder (if any).
Process After Filing Form M
- RERA issues a notice to the builder to respond within 30 days.
- A hearing is conducted before the RERA Authority.
- If RERA finds the builder at fault, it may impose penalties, order a refund, or direct compliance with the agreement.
- If dissatisfied with RERA’s order, an appeal can be filed before the Real Estate Appellate Tribunal.
2. What is Form N in RERA?
Purpose of Form N
Form N is used when a complainant seeks monetary compensation due to financial loss, stress, or damages caused by the builder’s actions. It is filed before the Adjudicating Officer under Section 31 of RERA.
When to File Form N?
- If the delay in possession caused financial loss (such as loan EMIs, rent payments).
- If construction defects resulted in repair costs.
- If false advertising led to losses for the buyer.
- If mental harassment occurred due to project delay or misrepresentation.
Who Can File Form N?
- Homebuyers or allottees (individual or collective complaint).
- Legal heirs of a deceased allottee.
- Real estate agents (if financially affected by misrepresentation).
- Association of allottees representing multiple buyers.
Where to File Form N?
- Form N is filed before the Adjudicating Officer in the concerned state's RERA Authority.
- It can be filed online via the state RERA portal.
Fees for Filing Form N
- ?1,000 (varies by state).
- Payment can be made online or via demand draft.
### Documents Required for Filing Form N
- Proof of financial loss (loan statements, rent receipts, repair bills).
- Proof of mental harassment (medical bills, psychiatrist reports, etc.).
- Builder-buyer agreement or allotment letter.
- Project registration details.
- Communication between the buyer and the builder.
Process After Filing Form N
- The Adjudicating Officer examines financial losses suffered by the complainant.
- A hearing is conducted to assess the extent of compensation.
- If the builder is found guilty, the officer orders compensation with interest.
- The builder must comply, or a penalty is imposed for non-compliance.
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3. FAQs on Form M and Form N
Can I file both Form M and Form N?
Yes, if a buyer has a general complaint against the builder (such as project delay) and also wants financial compensation, they can file both Form M and Form N separately.
What is the time limit for filing Form M or Form N?
There is no specific time limit mentioned in RERA, but it is advisable to file the complaint as soon as the violation occurs.
Do I need a lawyer to file Form M or Form N?
No, legal representation is not mandatory, but it is recommended for better case presentation.
What if the builder refuses to follow the RERA Authority or Adjudicating Officer’s order?
If the builder does not comply, the complainant can:
1. File for execution of the order in RERA.
2. Approach the RERA Appellate Tribunal.
3. File a contempt petition in the High Court.
How long does it take for RERA to resolve Form M or Form N complaints?
RERA aims to resolve complaints within 60 days, but complex cases may take longer.
What is the penalty if a builder does not follow RERA’s order?
Under Section 63 of RERA, a builder failing to comply can face:
- Up to 10 percent of project cost as penalty.
- Jail term up to three years.
5. Conclusion
- Form M is used to file complaints about builder misconduct with RERA.
- Form N is used when seeking compensation for financial loss or damages caused by builder negligence.
- Buyers can file both forms if needed, depending on their grievances.
- The process is simple, online, and does not always require a lawyer.
- RERA ensures homebuyers' rights are protected and developers are held accountable.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304