It is important to clarify at the outset that WB HIRA is no longer the operative framework for filing a builder complaint in Kolkata, since the West Bengal Housing Industry Regulation Act, 2017 was declared unconstitutional by the Supreme Court in its May 2021 judgment in Forum for People's Collective Efforts versus State of West Bengal, on the ground that it was virtually identical to, and therefore repugnant to, the Central Real Estate (Regulation and Development) Act, 2016 (RERA). This means WB HIRA and its associated HIRA court are no longer legally functional, and any complaint you wish to pursue against a builder in Kolkata today must instead be filed before the West Bengal Real Estate Regulatory Authority (WBRERA), which was subsequently established to implement the Central RERA framework across the state.

Filing a complaint before WBRERA follows a structured process — your lawyer prepares a detailed complaint setting out the specific violation by the builder, whether delayed possession, deviation from promised specifications, construction defects, or failure to refund amounts due, supported by comprehensive documentation including your builder-buyer agreement, payment receipts, and all relevant correspondence. This complaint is filed along with the prescribed fee through the WBRERA process, and the authority has been operational and processing complaints since late 2022.

If your original project was registered under the now-defunct WB HIRA framework, it is worth confirming with your lawyer whether the project has since been properly re-registered under WBRERA, since this affects both the builder's ongoing compliance obligations and the specific procedural route your complaint should follow. Projects that were WB HIRA-registered were generally required to transition to RERA registration following the Supreme Court's ruling, and any builder who failed to do so may face additional compliance issues that can strengthen your position.

Once your complaint is filed, WBRERA can direct specific performance of the builder's obligations, order refunds with interest, impose compensation for losses suffered, and in serious or repeated violations, impose penalties affecting the builder's project registration. WBRERA orders are enforceable, and non-compliance can be pursued through further recovery proceedings.

For guidance on correctly filing your complaint under the applicable WBRERA framework, you can consult Aapka Legal Advice, where a panel of retired judges can offer experienced insight into how such complaints are evaluated. Engaging the Property Lawyers in Kolkata | Aapka Legal Advice ensures your complaint is filed correctly under the current legal framework and pursued effectively. In conclusion, while WB HIRA itself is no longer functional, WBRERA now provides Kolkata homebuyers with a clear, effective route to challenge builder violations.