First, identify the possession date in your agreement
Find the signed agreement for sale and any amendments. Locate the clause that specifies when possession was to be handed over. Read it alongside any relevant conditions, grace-period wording and later signed documents.
Write down:
- The possession date and the exact wording of the clause.
- The dates and reasons in any delay notices or extension communications.
- Any revised date shown in the state RERA project record.
- Whether the promoter has offered possession, and what the offer says about the unit and certificates.
- Payments you made, amounts the promoter says remain due, and any disputed demand.
Keep the agreement date and the date shown on the regulator's project page as separate entries. A project's registration or completion timeline and an individual buyer's agreement do not necessarily answer the same question. An extension or a grace clause should be reviewed on its terms and in light of applicable decisions; do not assume either automatically settles your claim.
Sections 13 and 18 of the Real Estate (Regulation and Development) Act, 2016 provide the statutory starting point: section 13 addresses particulars of the agreement, including the possession date, while section 18 addresses certain failures to complete or give possession.
Check the project and promoter details
Look for the project's registration number on your documents and on the relevant state authority's website. Save the project page or a dated copy of the relevant information, including the promoter's name, project address, registration status, published dates and available updates.
For example, the Haryana RERA Gurugram project search provides fields including project name, registration number and promoter. MahaRERA's site links to registered projects, lapsed projects and other project-status information.
If you cannot find a registration, check spelling, the project phase, promoter name and the authority's search instructions. Do not conclude from one failed search that the project is exempt, unlawfully unregistered, or outside RERA. Ask the promoter for details and take advice about the project's applicable status.
Decide what outcome you want to explore
Under section 18(1), where its conditions apply and the allottee wishes to withdraw, the Act provides for return of the amount received with prescribed interest, including compensation in the manner provided by the Act. Where the allottee does not intend to withdraw, the proviso provides for interest for every month of delay until possession is handed over, at the prescribed rate. Read section 18 on India Code.
These are different choices:
| Your objective | Questions to take to an adviser |
|---|---|
| Remain in the project | What date should be used? What evidence shows the delay and any offer of possession? What rate and adjustment may apply? |
| Withdraw and seek a refund | What amount was paid, by whom and under which documents? How should the request be made? What consequences may withdrawal have for the loan and agreement? |
| Seek additional compensation | What loss can be documented? Which forum and procedure apply to that relief, and what evidence and conditions are relevant? |
The statute refers to a prescribed rate. Do not assume a rate from an unrelated case, another state or a search result applies to your transaction. A lawyer can check the current state rules, the relevant period and the orders applicable to the facts. A regulator's project extension, insolvency proceedings, payment defaults or a disputed possession offer may each raise questions requiring separate analysis.
Put your documents in one chronological file
The goal is to let another person reconstruct the transaction without relying on memory. Collect:
- The application, allotment letter, agreement for sale and signed amendments.
- Bank records, receipts, invoices and a schedule of instalments paid.
- Notices about construction, delays, revised dates and demands.
- Dated correspondence with the promoter and, where applicable, your lender.
- The state RERA registration and project-status details you could locate.
- The possession offer and any occupancy or completion documents made available.
- Any earlier complaint, settlement, order or correspondence with an authority.
Make a simple timeline: date, event, source document and the point that remains disputed. If the possession clause uses a trigger rather than a fixed date, keep the document that establishes that trigger. If a payment is disputed, record the promoter's position and your supporting documents rather than leaving it out.
Ask the promoter for a written position
Write to the contact identified in your agreement or the promoter's official project records. Identify the project, unit and agreement date, and ask for:
- The present stage of the project and the proposed possession date.
- The basis for any revised date, including relevant documents or orders.
- The current statement of account and explanation of any disputed demand.
- The status of required approvals and certificates for the relevant unit or building.
- A written response to the remedy you wish to discuss.
Keep a copy of the message, attachments and evidence of delivery. Do not include sensitive identity documents in an unsecured message unless necessary and addressed to the correct recipient. A lawyer can advise whether a formal notice is appropriate and how to preserve your position.
Consider the appropriate complaint route
Section 31 of the RERA Act permits an aggrieved person to file a complaint with the authority or adjudicating officer, as applicable, for a contravention under the Act, rules or regulations. Section 71 addresses adjudication of compensation under sections 12, 14, 18 and 19. The Supreme Court considered the allocation of refund, interest and compensation claims between the authority and adjudicating officer in Newtech Promoters and Developers v. State of U.P.. Ask an adviser to identify the correct authority and procedure for each requested remedy, taking account of current law; check the official instructions directly before filing.
Haryana has separate Gurugram and Panchkula authorities. Confirm which authority covers the project, then use that authority's current official complaint instructions. The HRERA Gurugram complaint filing guide may help you understand the process; verify any fees, delivery steps and deadlines against the authority's latest instructions before relying on them.
Maharashtra buyers should use MahaRERA's current official complaint guidance and confirm the applicable channel before filing. If the online instructions do not clearly cover the claim, contact the authority through its official channels. Other states and union territories have their own authorities and procedures. Do not transplant a form, fee, rate or filing process from one authority to another.
Other remedies or forums may need consideration depending on the facts and any proceedings already underway. Ask an adviser how parallel proceedings, settlement terms, insolvency or a prior order might affect the choice of remedy. An order and actual recovery are separate stages.
Seek advice promptly about any applicable filing deadline or limitation period. Do not assume there is no deadline, or that writing to the promoter automatically extends one.
What if the builder offers possession after a long delay?
Read the offer carefully. Record the date it was received, the unit it covers, the documents offered, any stated conditions and the amounts demanded. Ask for the relevant occupancy or completion documents and a clear account of outstanding charges. An offer letter, physical handover and conveyance are not interchangeable events.
Before signing a settlement, accepting deductions or giving a broad release, understand what its wording may mean for disputed amounts. Do not assume that accepting a key, paying a demand or signing a document automatically preserves or waives every claim: the effect can depend on the documents and facts. Get advice before taking a step you do not understand.
Similarly, review your separate home-loan documents and speak with the lender before changing EMI payments. A dispute with the promoter does not by itself explain the consequences under the loan agreement.
Questions homebuyers often ask
Can I seek a refund instead of waiting for the flat?
Section 18(1) provides a refund-with-interest route where its conditions apply and the allottee wishes to withdraw. The applicable facts, documents and prescribed rate still need review. A lawyer can identify the forum and how to frame each requested remedy, including any separate compensation claim.
Does a later RERA project date automatically change my agreement?
Do not treat the two dates as interchangeable. Preserve both and the documents behind them. The effect of a project extension, agreement amendment or claimed grace period depends on the facts, applicable rules and decisions.
Can I ask for interest if I still want possession?
The proviso to section 18(1) provides for interest for each month of delay until possession at the prescribed rate where the allottee does not intend to withdraw. The authority must assess the claim and applicable rate in the relevant case.
What if the builder does not appear on a project search?
Recheck the authority, name, registration number and project phase. Registration status and RERA applicability require more than a search-result screenshot; seek confirmation and legal advice if the status remains unclear.
Is the process the same in Haryana and Maharashtra?
The central Act supplies a framework, but each authority has its own rules, complaint procedures and practical requirements. Before filing, confirm the project's authority and district, then check that authority's current official instructions for the correct route and required documents. Haryana's Gurugram and Panchkula portals and Maharashtra's MahaRERA portal are separate systems; do not assume the same filing process applies to both.
Related guides
For help organizing dated legal records, see the litigation readiness plan and certified-copy guide. Gotham’s India legal research workflow describes a related evidence-organizing workflow. For a matter-specific conversation, use contact or explore legal workflows.
Official sources
- Real Estate (Regulation and Development) Act, 2016, including sections 13, 18, 31 and 71.
- Supreme Court of India, Newtech Promoters and Developers Pvt. Ltd. v. State of U.P., judgment dated 11 November 2021.
Questions homebuyers often ask
Can I seek a refund instead of waiting for the flat?
Section 18(1) provides a refund-with-interest route where its conditions apply and the allottee wishes to withdraw. The applicable facts, documents and prescribed rate still need review. A lawyer can identify the forum and how to frame each requested remedy, including any separate compensation claim.
Does a later RERA project date automatically change my agreement?
Do not treat the two dates as interchangeable. Preserve both and the documents behind them. The effect of a project extension, agreement amendment or claimed grace period depends on the facts, applicable rules and decisions.
Can I ask for interest if I still want possession?
The proviso to section 18(1) provides for interest for each month of delay until possession at the prescribed rate where the allottee does not intend to withdraw. The authority must assess the claim and applicable rate in the relevant case.
What if the builder does not appear on a project search?
Recheck the authority, name, registration number and project phase. Registration status and RERA applicability require more than a search-result screenshot; seek confirmation and legal advice if the status remains unclear.
Is the process the same in Haryana and Maharashtra?
The central Act supplies a framework, but each authority has its own rules, complaint procedures and practical requirements. Before filing, confirm the project's authority and district, then check that authority's current official instructions for the correct route and required documents. Haryana's Gurugram and Panchkula portals and Maharashtra's MahaRERA portal are separate systems; do not assume the same filing process applies to both.
General information, not legal advice. RERA applicability, relief, interest rate, forum and procedure depend on the agreement, project, state rules and facts. Seek advice from qualified Indian counsel about a specific matter.
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