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Delayed possession: homebuyers' remedies under RERA

What homebuyers can do when a builder fails to hand over possession on time, and how to file a complaint before the Real Estate Regulatory Authority.

Gavel beside a model house

About RERA

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency and accountability to the real estate sector. It requires most real estate projects to be registered with the State Real Estate Regulatory Authority, and places obligations on promoters regarding disclosure, use of funds and timely completion.

In Maharashtra, the Authority is known as MahaRERA. Each registered project has a registration number, and project details, including the declared date of completion, are published on the Authority's website.

Your rights when possession is delayed

Under Section 18 of RERA, if a promoter fails to complete or is unable to give possession of an apartment, plot or building in accordance with the agreement for sale, or by the date specified in it, the allottee may, broadly:

  • withdraw from the project and claim a refund of the amount paid, with interest at the prescribed rate, and compensation; or
  • stay in the project and claim interest for every month of delay until possession is handed over.

The appropriate choice depends on the stage of the project, the promoter's financial position and the buyer's own needs.

Filing a complaint

Under Section 31, an aggrieved person can file a complaint with the Authority or the adjudicating officer for any violation of the Act, rules or regulations. The process typically involves:

  1. collecting the agreement for sale, payment receipts, allotment letter and correspondence;
  2. checking the project's registration details and declared completion date;
  3. filing the complaint online in the prescribed form with the fee; and
  4. attending hearings, which may include conciliation.

Orders of the Authority can be appealed before the Real Estate Appellate Tribunal.

Other forums

Depending on the facts, homebuyers may also have remedies before the Consumer Commissions or civil courts. Where the promoter is a company in financial distress, homebuyers, as financial creditors under the Insolvency and Bankruptcy Code, may be involved in insolvency proceedings. Choosing the right forum early is important.

Checklist for homebuyers

  • Keep a copy of the registered agreement for sale and all payment receipts.
  • Note the possession date in the agreement and the completion date declared on the RERA website.
  • Keep all correspondence with the promoter in writing.
  • Track the project's quarterly updates on the RERA portal.
  • Seek advice before signing any revised agreement or accepting a changed possession date.

This explainer is general information as of November 2026 and is not legal advice. It does not create an advocate-client relationship. Please seek advice on the specific facts of your matter.

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