Can NRIs get anticipatory bail without travelling to India?

Yes. NRIs can apply for anticipatory bail before arriving in India. Our advocates file the application before the District and Sessions Court or High Court, ensuring the NRI can visit India without fear of arrest. Proceedings can be conducted entirely under Power of Attorney.

What is FIR quashing and how does it help NRIs?

FIR quashing is a legal remedy under Section 528 BNSS (earlier Section 482 CrPC) where the High Court sets aside a false or malicious FIR. This is particularly useful for NRIs who are falsely implicated in family disputes, property matters, or dowry cases. The petition is filed without the NRI's physical presence in India.

What happens if an NRI is declared a Proclaimed Offender?

If an NRI is declared a Proclaimed Offender (PO), they face serious consequences including Lookout Circulars and potential passport impoundment. We file quashing petitions challenging the PO status, often securing a stay or recall without requiring the NRI to physically appear in India.

Can NRI criminal cases be handled remotely without travel to India?

Yes. Most NRI criminal matters — bail applications, FIR quashing, proclaimed offender status, and 498A defence — can be handled entirely under Power of Attorney. Our advocates file all applications, appear at hearings, and keep you updated remotely.

Can NRIs file RERA complaints from abroad?

Yes. NRIs can file RERA complaints without travelling to India. Our advocates prepare and file the complaint on your behalf under Power of Attorney. All proceedings before the RERA Authority can be handled remotely.

What compensation can an NRI get for builder delay?

Under RERA, you are entitled to interest at SBI MCLR + 2% per annum on all amounts paid, for each month of delay. You can either claim this interest while keeping the flat, or choose to cancel and get a full refund with the same interest. Additionally, the RERA Authority can award compensation for mental agony.

What if the builder's project is not registered under RERA?

If a builder sold units without RERA registration, they have violated the law and face penalties under RERA. You can file a complaint with the RERA Authority reporting the unregistered project, and also approach the Consumer Forum for relief. Criminal action may also be available for misrepresentation.

How long does a RERA complaint take to resolve?

RERA Authorities are mandated to dispose of complaints within 60 days. In practice, proceedings may take 3-12 months depending on state and complexity. We work to fast-track proceedings where possible and also pursue settlement negotiations with builders in parallel.

RERA & Builder Fraud for NRIs — Legal Help

📋 Contents

What is RERA and How It Protects NRIs
Common Builder Frauds Affecting NRIs
Filing a RERA Complaint
NRI Rights to Refund and Compensation
Criminal Action Against Fraudulent Builders
How We Help NRIs

What is RERA and How It Protects NRIs

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency and accountability to the real estate sector. For NRIs who invest in Indian properties from abroad, RERA provides crucial legal protections against builder fraud and project delays.

Under RERA, developers must register all residential projects (above a threshold size) with the state RERA authority before advertising or selling units. Developers must maintain a designated escrow account for project funds, provide possession as per the agreement, and face penalties for delays and defects.

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Project Registration

All projects must be RERA-registered — verify before investing

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Escrow Protection

70% of buyer funds held in dedicated escrow for the project

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Compensation Rights

Mandatory compensation at SBI MCLR + 2% for possession delays

Common Builder Frauds Affecting NRIs

NRIs are particularly vulnerable to builder fraud because they cannot physically monitor construction progress. The most common types of builder fraud we handle include:

Possession delays: Builder fails to hand over possession by the agreed date despite receiving full payment
Project abandonment: Developer collects funds from multiple buyers and then abandons the project
Double sale: Same unit sold to multiple buyers using forged documents
Misrepresentation: Units sold with different specifications than what is actually delivered
Refund refusal: Builder refuses to refund amounts paid by NRI buyers who wish to cancel
Mortgage without consent: Builder mortgages the project to a bank after collecting funds from buyers
Unregistered projects: Selling units without RERA registration, depriving buyers of statutory protections

Filing a RERA Complaint

NRIs who have been defrauded by builders can file complaints before the RERA Authority of the state where the project is located. The complaint procedure involves:

Gather All Documents

Collect all agreements, payment receipts, correspondence with the builder, brochures, and any representations made by the developer or agent. We review these to assess your case.

Send a Legal Notice

We send a formal legal notice to the builder demanding possession by a specified date or full refund with interest and compensation. This creates a legal record and often prompts settlement.

File RERA Complaint

We file a complaint before the appropriate state RERA Authority seeking delivery of possession, refund with interest, and compensation for mental agony and losses suffered.

Execution of Award

If the builder does not comply with the RERA order, we file an execution application before the adjudicating officer and, if necessary, approach the High Court for enforcement.

NRI Rights to Refund and Compensation

Under RERA, NRI buyers have the following rights when a builder fails to deliver possession as agreed:

Right to refund: Full refund of all amounts paid with interest at the prescribed rate (SBI MCLR + 2%) from the date of each payment
Compensation for possession delay: Monthly interest compensation at the prescribed rate for each month of delay, even if you choose not to cancel
Structural defect warranty: Builder liable for structural defects appearing within 5 years of possession
Common area rights: Rights to use all common facilities and amenities as advertised

💡 Important: NRI buyers can file RERA complaints and Consumer Forum complaints simultaneously in appropriate cases. We assess the best legal strategy to maximise your recovery.

Criminal Action Against Fraudulent Builders

In cases of serious builder fraud — such as double sale, project abandonment after collecting full payment, or deliberate misrepresentation — criminal action is available alongside RERA proceedings. We file FIRs under:

Section 318 BNS (earlier Section 420 IPC) — Cheating and dishonestly inducing delivery of property
Section 317 BNS (earlier Section 406 IPC) — Criminal breach of trust
Sections of the Maharashtra/Punjab/Haryana Real Estate Regulation Acts
PMLA (Prevention of Money Laundering Act) in cases of large-scale diversion of funds

How We Help NRIs

NRI Legal Consultants handles all aspects of NRI builder fraud and RERA disputes, completely remotely. You do not need to travel to India for most proceedings. We provide:

Free initial assessment of your builder agreement and legal options
Legal notices and demand letters to builders
RERA complaint filing in all states (Punjab, Haryana, Maharashtra, Delhi)
Consumer Forum complaints for additional compensation
Criminal FIR filing against fraudulent developers
High Court petitions for enforcement of RERA orders

⚖️ Disclaimer

RERA & Builder Fraud Cases for NRIs — Get Compensation & Refund