What is an Interim Injunction Under RERA?
When a homebuyer is engaged in a dispute with a builder, the builder may try to use coercive tactics—such as threatening to cancel the allotment, demanding illegal extra charges, or altering the project layout without consent. To protect the buyer while the main complaint is still being investigated, the Real Estate Regulatory Authority (RERA) is empowered to grant temporary protective orders, known as interim relief or injunctions.
Section 36: The Power to Issue Interim Orders
Under Section 36 of the RERA Act, 2016, if the Authority is satisfied that a builder is committing an act in contravention of the Act, or is about to commit such an act, the Authority may issue an order to restrain the promoter.
This is a powerful legal shield. It means that you do not have to wait months for a final verdict to stop the builder from taking adverse actions against you. The interim order acts immediately to maintain the "status quo".
Common Grounds for Seeking an Injunction
Homebuyers typically invoke Section 36 to seek injunctions in the following scenarios:
- Threat of Cancellation: The builder issues arbitrary notices threatening to cancel your unit and forfeit your earnest money because you questioned a delay.
- Illegal Demands: The builder demands additional charges for parking or club memberships that were not part of the original agreement.
- Unauthorized Layout Changes: The builder starts digging up a promised park to construct a new tower without the mandatory two-thirds consent of the buyers.
How to File for Interim Relief
Filing for an interim injunction is usually done simultaneously with filing your main complaint under Section 31.
- Draft an Urgent Application: Prepare a separate application alongside your main complaint, explicitly citing Section 36. Clearly state the urgency of the matter and explain the irreparable harm that will occur if the Authority does not intervene immediately.
- Provide Prima Facie Evidence: You must attach solid documentary evidence. This includes the allotment letter, payment receipts, and any threatening emails or cancellation notices sent by the builder.
- The Hearing: Because injunctions are urgent, the Authority usually reviews them swiftly, often within 7 to 15 days. If the Authority agrees that a prima facie case exists, they will immediately issue a restraining order against the builder.
If a builder violates an interim order issued under Section 36, they can face severe penalties under Section 63, including fines extending up to 5% of the total project cost.