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🏗️ Real Estate · RERA Act 2016

How Do I Complain About Builder Possession Delay Under RERA?

Nyaya Saathi Legal Guides · Real Estate (Regulation and Development) Act, 2016 — Section 18
If your builder delays possession beyond the agreed date, Section 18 of the RERA Act, 2016 entitles you to interest at SBI MCLR + 2% per annum for every month of delay, calculated on the amount you've paid — or, if you'd rather exit the project, a full refund with interest. You can file the complaint yourself, free of cost, on your state's RERA portal.

Step 1: Verify the project's RERA registration

Check your state's RERA portal (for example rera.delhi.gov.in or maharera.mahaonline.gov.in) by searching the project name or builder name. Note the RERA registration number — you'll need it for the complaint. If the builder never registered the project with RERA at all, that's itself a violation worth reporting to the RERA Authority.

Step 2: Calculate your compensation

Delay compensation works out to (current SBI MCLR + 2%) per annum, applied to the amount you've already paid, for each month of delay past the agreed possession date. Get the current SBI MCLR from the SBI website.

Example: You paid ₹40 lakh and MCLR is 8.5% — compensation = (8.5% + 2%) × ₹40 lakh ÷ 12, per month of delay.

Step 3: Send a RERA notice to the builder

Write to the builder citing Section 18 of the RERA Act, 2016. State the agreed possession date from your agreement, the actual delay in months, your total payment, and the compensation you've calculated. Give them 15 days to respond, and send both by email and registered post.

Step 4: File the complaint on your state's RERA portal

Go to your state RERA website → "File Complaint". Fill in your details, the project's RERA registration number, complaint details, and the relief you're seeking — interest under Section 18, or a refund with interest. Upload your documents, submit, and note your complaint number.

Documents you'll need

What happens after you file

State RERA Authorities are generally expected to pass an order within 60 days of the complaint. Separately — and independent of any delay claim — if structural defects, workmanship, or quality issues show up within 5 years of possession, the builder must repair them at no extra cost, typically within 30 days of being notified. Taking possession does not waive your right to claim compensation for delay that already occurred.

Consider involving a lawyer if the builder disputes the terms of the agreement or files a cross-complaint against you — those situations tend to get contested quickly.

Frequently asked questions

What compensation can I claim for builder possession delay under RERA?
Interest at SBI MCLR + 2% per annum for each month of delay on the amount paid, or a full refund with interest if you choose to exit the project.
How do I check if my project is registered with RERA?
Search by project or builder name on your state's RERA portal. An unregistered project is itself a reportable violation.
How is RERA delay compensation calculated?
(Current SBI MCLR + 2%) per annum, applied to the amount you've paid, for the number of months of delay.
Where do I file a RERA complaint?
Online on your state's RERA portal under "File Complaint" — no lawyer required for the initial filing.
How long does the RERA Authority take to pass an order?
Generally expected within 60 days of the complaint being filed.

Sources checked

  1. Fund My Case — RERA Section 18: refund and interest rights
  2. RERAExam — Delayed Possession Interest Calculation
  3. IntoLegalWorld — RERA Section 14(3): the 5-Year Structural Defect Liability Period
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