Section 35 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 35 gives the Authority investigative teeth. On a complaint or on its own motion, it may order any promoter, allottee or real estate agent, in writing and with reasons, to furnish information or an explanation about its affairs, and may appoint persons to inquire into those affairs. While doing so, it has the same powers as a civil court on four matters. If you have received such an order, our legal dispute resolution service can help you respond.
Where the Authority "considers it expedient", on a complaint or suo motu, it may, by order in writing and recording reasons, call upon any promoter, allottee or real estate agent at any time to furnish in writing information or explanation about its affairs and appoint one or more persons to make an inquiry (35(1)). In doing so it has civil court powers under the Code of Civil Procedure, 1908 for discovery and production of documents, summoning and examining on oath, commissions, and any other prescribed matter (35(2)).
Section 35 at a glance
| Provision | What it provides |
|---|---|
| 35(1) | Trigger: Authority considers it expedient; on a complaint or suo motu; order in writing with recorded reasons; call for information or explanation; appoint inquirers |
| 35(2) | Notwithstanding any other law, same powers as a civil court under the Code of Civil Procedure, 1908 in four matters |
| 35(2)(i) | Discovery and production of books of account and other documents |
| 35(2)(ii) | Summoning and enforcing attendance of persons and examining them on oath |
| 35(2)(iii) | Issuing commissions for examination of witnesses or documents |
| 35(2)(iv) | Any other matter which may be prescribed |
Section 35(1): who, when and how
"Where the Authority considers it expedient to do so, on a complaint or suo motu, relating to this Act or the rules of regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be."
The text prints "rules of regulations" where "rules or regulations" is meant; the sense is unaffected.
| Element | Text |
|---|---|
| Trigger | The Authority "considers it expedient"; the matter must relate to the Act, rules or regulations |
| How it starts | On a complaint or suo motu (on its own) |
| Form | An order in writing, recording reasons |
| Against | Any promoter, allottee or real estate agent |
| When | "At any time" |
| What it can require | Information or explanation in writing about affairs |
| Inquiry | Appoint one or more persons to inquire into the affairs |
Points to note:
- Written order and reasons. The Authority cannot just ask informally; the power is exercised by an order that records reasons. This protects the person concerned and gives something to challenge on appeal.
- "Considers it expedient" leaves the judgment to the Authority. The text does not define it.
- Suo motu. A complaint is not needed. The Authority can act on its own information.
- Three kinds of persons. The power reaches allottees as well as promoters and agents. Compare section 34(f), which makes the Authority responsible for compliance by all three.
- Who the inquirers are. The text says only "one or more persons". It does not require them to be officers or give them any qualification. The State rules may.
- No notice or hearing is mentioned. Section 35 does not say whether the person is to be heard before the order. Section 38(2) says the Authority is guided by the principles of natural justice; see section 38.
Example. Several buyers of Bhatia Heights complain that the promoter is collecting money without a registered agreement. The Authority records reasons and orders the promoter to furnish, in writing, a list of the buyers, amounts received and agreements signed, and appoints an inquirer to examine the promoter's accounts. The promoter must comply with the order.
Section 35(2): civil court powers
"Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:"
| Clause | Power |
|---|---|
| (i) | The discovery and production of books of account and other documents, at such place and at such time as may be specified by the Authority |
| (ii) | Summoning and enforcing the attendance of persons and examining them on oath |
| (iii) | Issuing commissions for the examination of witnesses or documents |
| (iv) | Any other matter which may be prescribed |
Observations:
- The words "notwithstanding anything contained in any other law" mean another law cannot be used to resist these powers.
- The civil-court powers are given "while exercising the powers under sub-section (1)", so they are tied to the inquiry or call for information, not to every proceeding of the Authority.
- The four matters are listed after "namely", so they are the stated matters; clause (iv) allows the rules to add to them.
- Clause (iv) says "perscribed" in the text, a spelling slip. What is prescribed is in the State rules and differs by State.
- The power is the same as that of a civil court "while trying a suit", so the Code's procedure on such matters is the model. The text does not say the Authority is a civil court.
The adjudicating officer has a similar, separately worded power to summon persons and call for documents during his inquiry under section 71(3); see section 71.
What happens if a person does not comply
Section 35 does not itself prescribe a penalty for failing to furnish information or appear. Consequences are in other provisions of the Act and in the Authority's powers of directions and interim orders; see sections 36 and 37 and our overview of penalties under RERA.
What section 35 does not say
- No time limit for the inquirer's report, and no format for it.
- No statement of what the Authority does with the inquiry result; sections 36 to 38 give interim, directive and penalty powers.
- No protection for the informant on a complaint.
- No cap on the number of times the Authority can call for information.
Need help responding to an Authority's order?
An order to produce books or appear on oath has short timelines and consequences. Our legal dispute resolution team can review the order, prepare the written explanation and documents and appear with you.
Key takeaways
- The Authority may call for information in writing and appoint inquirers, on a complaint or suo motu.
- The order must be in writing and must record reasons.
- It reaches promoters, allottees and real estate agents.
- The Authority has civil court powers on documents, summons and oath, and commissions.
- The Act's text does not mention a hearing before the order, but section 38(2) requires the principles of natural justice.
Read next
- Sections 36 and 37: interim orders and directions
- Section 34: functions of the Authority
- Common RERA violations by builders
- RERA complaint process: how to file online
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.