I booked a flat in an under-construction project and the promised possession date has passed by more than 12 months. The builder keeps giving vague reasons. Can I get compensation or exit the agreement?
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If your project is registered under RERA (the Real Estate Regulation and Development Act, 2016), which covers most residential projects above the state-notified size threshold, you have a fairly direct remedy. The builder is legally bound by the possession date declared in the RERA registration for the project, and a delay beyond that date entitles you to either withdraw from the project and get a full refund with interest, or continue with the project and claim interest for every month of delay until you actually get possession.
To pursue this, you can file a complaint with your state's RERA authority — this process is designed to be faster and cheaper than a regular civil suit, and does not strictly require a lawyer, though having one improves your chances of a well-argued claim. You will need your builder-buyer agreement, payment receipts, and any written communication about the delay. The RERA authority can order the builder to pay interest at the rate prescribed under the relevant state rules (commonly linked to the State Bank of India's highest marginal cost lending rate plus a couple of percentage points, though the exact formula varies by state) for each month of delay.
If the project is not RERA-registered — for instance if it began before RERA came into force, or falls outside its coverage — you may need to approach the National Consumer Disputes Redressal Commission or the appropriate consumer forum, alleging deficiency of service, or file a civil suit for specific performance or compensation, which takes considerably longer.
Before filing anywhere, send the builder a written legal notice demanding either possession by a firm new date or a refund with interest, and keep a clear record of every communication — this strengthens your case regardless of which forum you eventually use, and sometimes prompts builders to settle rather than face a formal complaint.
Karan Mehta
14 yrs experience · Mumbai
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