RERA Complaint Against a Builder for Delayed Possession: How To File

1Your rights for delayed possession

The Real Estate (Regulation and Development) Act 2016 requires the promoter to hand over possession by the date in the agreement. On delay, you can either continue and claim interest for every month of delay, or withdraw and claim a refund of the amount paid with interest.

The interest rate is the one prescribed under the state RERA rules (commonly linked to a benchmark like the SBI lending rate plus a margin). Compensation may also be awarded.

2What you must show

• A registered agreement / allotment letter stating the promised possession date
• Proof of payments made (bank statements, receipts)
• The delay — that possession was not given by the due date
• That you were not yourself in default on payments

3How to file

Register and file your complaint on your state RERA portal (or in person), attaching the agreement, payment proof and your demand. Pay the prescribed complaint fee.

The promoter is served and given time to reply; the Authority or adjudicating officer hears both sides and passes an order, generally faster than a civil suit. Either party may appeal to the RERA Appellate Tribunal.