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Builder delayed flat possession — RERA complaint
A promoter who fails to hand over possession by the date agreed in the agreement for sale.
RERA route. File on your state RERA portal — not on e-Jagriti. The portal is picked by where the property is. State portals, forms & fees →
The possession date in your agreement has passed and the builder keeps pushing it. Under RERA you can stay and claim interest for the delay, or withdraw and take a refund with interest.
What you can get
Possession with interest for the delay, or withdrawal with a full refund plus interest (typically SBI MCLR + 2% per year; state rules differ). Compensation is decided separately by the Adjudicating Officer.
Steps
- Check that the project is RERA-registered on your state RERA portal — this route only exists for registered projects.
- Write to the builder demanding possession or a revised date, and keep the reply.
- Decide what you want: stay and claim interest for the delay, or withdraw and claim a full refund with interest (Section 18).
- File with the RERA Authority on your state portal — Form M in most states (Form A in Maharashtra). Fee ₹1,000 in most states, ₹5,000 in Maharashtra.
- If you also want compensation beyond interest or refund, file separately with the Adjudicating Officer (Form N, usually ₹5,000).
- The Authority's disposal target is 60 days. Either side can appeal to the Real Estate Appellate Tribunal within 60 days of the order.
Documents to prepare
- Agreement for sale (with the promised possession date)
- Payment receipts and bank statements
- Allotment letter
- RERA project registration details
- Letters / emails to the builder demanding possession
- Any revised possession letters from the builder
Frequently asked questions
- Should I file with the RERA Authority or the Adjudicating Officer?
- Refund, interest or possession go to the RERA Authority (Section 31, usually Form M). Compensation for loss — beyond interest — goes to the Adjudicating Officer (Section 71, usually Form N). Many homebuyers file both.
- What interest rate applies?
- Typically SBI MCLR + 2% per year. State rules differ — for example, Uttar Pradesh links it to SBI MCLR + 1%. Your state portal shows the rate it applies.
- Is there a time limit?
- Generally 3 years from the cause of action (Limitation Act, Article 137, as applied by the courts). The RERA Act itself does not fix a period — file sooner rather than later.
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Sources: iPleaders — RERA complaint procedure 2026, Neeraj Associates — UP RERA complaint guide, righttoinformation.wiki — RERA delayed-possession guide, Business Standard — how to file a RERA complaint, Magicbricks — state-wise RERA websites