It's better you go to consumer court. It will give you justice better than rera

File complaint against builder before RERA and seek orders to direct builder to deliver possession of flat within stipulated period 

2) also seek compensation for delay in delivery of possession 

3) no need to bow down to pressure tactics from builder 

Powers of  SCDRC are wider and proceedings  faster under new Consumer Protection Act, 2019. If can give multiple direction to builder and option of execution  of order by seeking jail is also available.

Rera is faster 

There is a complaint. Reply by builder if any. And then final hearing. 

You have an option to select any forum of your choice. There is no such thing as faster than the other. 

Sometimes matters are stuck in consumer forum also. 

Rera is completely online. Hearings happen over virtual mode. That is, video conference. 

The court fee for a Rera complaint is Rs 5000 flat. 

Above Rera's order there is an Appellate Tribunal before a division bench and above that is High Court in a second appeal but only on the point of law. 

If you consider filing a complaint before Rera then you have benefit of 3 foras ie Appellate Tribunal, High court and then Supreme court 

You have the following options:

1. You can lodge a criminal complaint with the police against the builder/seller for cheating you, for the commission of offences of breach of trust and other criminal offences because he has sold the property booked by you after paying the required advance amount, to a third party, hence he can be considered to have committed the said offences.

The relief in this punishment as per law to the builder/seller for the offences if proved by the trial court.

The criminal case may run for more than a year to get disposed.

2.  You can file a suit for specific performance of contract before a civil court for executing a sale deed in your favor after receiving the balance of sale consideration amount in respect of the property he has already sold to a third party, or else to return the advance amount with interest from the date of payment till the date of settlement.

The time taken for disposal of this civil suit may be two years or more.

3. You can approach the state commission DRC, where you can claim compensation for the deficiency of service besides return or advance amount or for allotment of flat as per the agreement and also damages for the loss suffered both mentally and physically.

This also may run for two years or more.

4. You can approach RERA.

The cases will be disposed by RERA expeditiously however the follow up action i.e., execution of the orders of RERA will get  delayed inordinately and sometimes the longer delay for execution of the orders may frustrate you that you may become ready to accept whatever the builder would give you, i.e., you will be literally at the mercy of the builder.

The builder may pose a threat stating that he will go up to supreme court too, you should not get frightened by such gimmicks, the court is common for all, hence his threats can be set aside. 

You may very well file your case in SCDRC, but if you prefer to file your complaint in RERA, the appeal, if any against the order of the regulatory authority lies with the Appellate Tribunal and thereafter to the High Court and then  to the Supreme Court. Whereas, with SCDRC, the appeal lies at NCDRC and then to the Supreme Court. 

I suggest you to not to jump to the finality. Instead, win your battle step by step and keep faith in judiciary. Justice is a time consuming process, but sooner or later you will get it. It would be your own decision whether to go with SCDRC or with RERA, but pros and cons are everywhere. If you ask my preference, I wish to go with RERA.

Dear Client, 

State Consumer Disputes Redressal Commission (SCDRC) works at the state level in cases where compensation claimed is between twenty lakh (₹2 million) and one crore. So, if your amount exceeds this you can approach RERA.

Thank You