Yes. RERA can award compensation for mental harassment or mental agony, but it depends on the facts of the case and the nature of the violation by the builder.
Under the RERA Act, compensation can be claimed for losses caused by the promoter’s failure to comply with the agreement or statutory obligations. Section 18, for example, provides for compensation in certain cases involving failure to give possession or other obligations.
In practice, RERA adjudicating officers have awarded separate amounts for mental agony, harassment and litigation expenses. For example, Bihar RERA awarded ₹1 lakh for severe mental agony and physical harassment in one case, while Telangana RERA awarded ₹2.5 lakh for mental agony and harassment after considering the circumstances of the delay.
However, the amount is not fixed. The adjudicating officer may consider factors such as:
Length and seriousness of the delay
Financial loss suffered by the homebuyer
Builder's conduct and negligence
Harassment caused to the allottee
Whether possession was delayed or promised facilities were not provided
Legal expenses incurred by the buyer
Overall circumstances of the case
Also, depending on the state and the relief being claimed, a claim specifically seeking compensation/damages for mental agony may need to be filed before the Adjudicating Officer under Sections 71–72, rather than simply before the RERA Authority. Haryana RERA, for example, has specifically stated that compensation claims under Sections 12, 14, 18 and 19 can be pursued before the Adjudicating Officer.
