From New Zealand you can file a complaint before the Real Estate Regulatory Authority of the Indian state where the project is, online and through an advocate, claiming a full refund with interest or possession with interest for the delay. Refunds are paid to the account you paid from and can be remitted to New Zealand within the usual limits.
- Document route
- Notary + DIA apostille, or Indian mission
- Time difference
- 6.5 to 7.5 hours ahead of IST
- Handled in India at
- State RERA authority or consumer commission
- Travel to India
- None; hearings online
How it works from New Zealand
We read the agreement for the promised possession date, compute principal and interest at the state-prescribed rate, and check the developer's standing, including whether insolvency proceedings have begun. A legal notice is sent; if there is no acceptable response, the complaint is filed with the agreement, receipts, brochure and correspondence. Our advocates attend, and many authorities hear matters online.
If the developer does not pay within the time ordered, we apply for a recovery certificate, which the District Collector executes by attaching accounts and property. Where a home loan from an Indian bank is running on the undelivered flat, the claim includes that burden, and we advise on dealing with the lender meanwhile.
What is different for NRIs in New Zealand
- The choice between refund and waiting belongs to the buyer once the date has passed.
- Keep the remittance advice for money sent from New Zealand.
- Do not sign a revised agreement extending the date without advice.
Step by step from New Zealand
Free review call
Calls are held in your late afternoon or evening, when the Indian day begins. We read your papers on a claim against a builder first, so the call is about your options and not a repeat of the facts.
Authority from New Zealand
Where a representative must act for you in India on a claim against a builder, you sign before a New Zealand notary public and obtain the apostille of the Department of Internal Affairs, or attend the High Commission in Wellington or the Consulate in Auckland. We draft the document and send signing instructions.
Work in India
In India, we read the agreement against the project registration, send the demand and file the complaint in the forum that suits your claim. Updates for clients in New Zealand go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the order and we pursue recovery if the builder does not pay. Originals are couriered to your address in New Zealand if you need them.
The law in full
This page covers what changes when you handle a claim against a builder from New Zealand. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Builder Fraud & RERA Complaints. For other matters, see all legal services for NRIs in New Zealand or the Property & Real Estate practice area.
Questions from NRIs in New Zealand
Can I file a RERA complaint from New Zealand?
Yes. The complaint is filed online and an authorised advocate represents you at hearings.
What interest can I claim on a delayed flat?
The rate fixed by the state rules, in most states the State Bank of India lending rate plus two per cent.
How long does a RERA case take?
From a few months to about a year, plus time for recovery if the builder does not comply.