My builder has delayed possession of my flat. What are my rights?
Simple answer
Under RERA you can choose: leave the project and get your money back with interest (plus compensation), or stay and get interest for every month of delay until possession. Complain to your state RERA authority; the consumer commission is another option.
Real-life examples
Arjun booked a flat in Noida in 2019, with possession promised in 2022. It is still not ready, and he no longer wants it. He can ask UP RERA for a refund with interest. The Supreme Court has called this refund right unconditional.
Meenakshi in Pune still wants her flat. Instead of a refund, she can claim interest for every month of delay until the builder hands over possession.
Tenzin got his flat in 2024, but cracks appeared in the walls within a year. For structural defects reported within five years of possession, the builder must fix them free within 30 days, or pay compensation.
What should you do?
- 1Collect your agreement for sale, allotment letter, payment receipts, bank statements and all letters or emails from the builder.
- 2Look up the project's RERA registration number and promised completion date on your state RERA website.
- 3Write to the builder by email or legal notice, saying whether you want a refund or delay interest.
- 4File a complaint on your state RERA portal. Claims for extra compensation go to its adjudicating officer.
- 5Or file before the consumer commission instead. Ask a lawyer which forum suits you, and avoid filing the same claim in both.
Exceptions & limits
- Some small projects are exempt from RERA registration, and older projects completed before RERA may be treated differently. Then the consumer commission or civil court may be the route.
- If you delayed your own payments, the builder can charge you interest at the same rate it must pay you for its delay.
Official legal reference
Real Estate (Regulation and Development) Act, 2016 — Section 18
If the builder fails to give possession as agreed, the buyer may withdraw for a refund with interest and compensation, or stay and get monthly delay interest.
Real Estate (Regulation and Development) Act, 2016 — Sections 14(3), 31, 71
Builder must fix defects reported within five years of possession, free, within 30 days; complaints go to the Authority, compensation to the adjudicating officer.
Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021)
Supreme Court: a buyer's right to a refund with interest for delay under Section 18 is unconditional; the RERA Authority can order the refund.
Imperia Structures Ltd. v. Anil Patni (2020)
Supreme Court: RERA does not stop a homebuyer from going to the consumer commission instead.
Where to get help
National Consumer Helpline
Free pre-litigation help to resolve complaints with sellers and service providers.
e-Jagriti (Consumer Commission e-filing)
File a case before the District, State or National Consumer Commission online.
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- Varies by state
- Each state or UT has its own RERA authority, online portal, rules and complaint fee. The interest rate for refunds and delay is fixed by your state's RERA rules.
- Law in force since
- 1 May 2017
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.