Applies when a builder/developer of a RERA-covered project fails to hand over possession of a flat or unit by the date promised in the agreement for sale, giving the buyer a statutory right to a refund with interest, or to continue and claim interest for the delay period.
1. Confirm the project is covered by RERA
The Real Estate (Regulation and Development) Act, 2016 is a central Act, though each state/UT runs its own Real Estate Regulatory Authority and portal. A project is generally exempt only where the plot area is 500 sq. m or less AND it involves 8 or fewer apartments across all phases, per s.3(2)(a); some states apply this threshold differently.
2. Check the promised possession date
Compare the actual position against the possession date stated in the registered project details or the agreement for sale -- this date is the reference point for a delay claim.
3. Send a written communication to the builder
Documenting the delay in writing to the promoter, even where not strictly mandatory, strengthens the record before approaching the Authority.
4. Choose between withdrawal-with-refund or continuation-with-interest
Under s.18(1), on failure to give possession by the agreed date, the allottee may withdraw and is entitled to a full refund of amounts paid together with interest at the prescribed rate, or may instead remain in the project and claim interest for every month of delay until possession.
5. File a complaint before the state RERA Authority
A complaint under s.31 is filed on the relevant state/UT RERA Authority's own portal, with a nominal fee commonly in the range of Rs. 1,000 to Rs. 5,000 depending on the state, along with supporting documents.
6. Attend the hearing
Section 29 directs the Authority to endeavour disposal within 60 days of filing, though actual timelines vary by state and case load.
7. Appeal to the Real Estate Appellate Tribunal if aggrieved
An appeal against the Authority's or Adjudicating Officer's order lies to the state's Appellate Tribunal under s.44, generally within 60 days of receiving the order, with delay condonable for sufficient cause.
8. Use the Unified RERA Portal for project information
The Ministry of Housing and Urban Affairs launched a Unified RERA Portal (rera.mohua.gov.in) in September 2025, consolidating project registration information from state RERA websites into one directory; a complaint itself is still filed on the relevant state Authority's own portal.
Unified RERA Portal (project directory): https://rera.mohua.gov.in
Handled by: State/UT Real Estate Regulatory Authority; Real Estate Appellate Tribunal
Who can use this: A buyer (allottee) of a unit in a RERA-registered, or required-to-be-registered, real estate project facing delayed possession
This does not cover: Does not cover a project genuinely exempt under the Act's own size threshold (500 sq. m plot / 8 units or fewer, across all phases). Does not cover a project that already had a completion certificate before RERA commenced in that state. A construction-quality/defect dispute after possession may need a separate complaint even before the same Authority.
Time limit: No fixed limitation period is specified in the Act itself for filing a RERA complaint over possession delay; an appeal to the Appellate Tribunal must generally be filed within 60 days of the Authority's order. (Real Estate (Regulation and Development) Act, 2016, s.44(2))
Cost: Complaint fees are nominal, commonly Rs. 1,000 to Rs. 5,000, varying by state.
You'll need:- RERA registration number of the project, if known
- Promised possession date from the agreement for sale
- Amounts paid to the builder and dates of payment
- Whether withdrawal-and-refund or continuation-with-interest is preferred
Documents that help:- Agreement for sale / allotment letter
- Payment receipts and bank statements
- Builder's project registration details from the state RERA website
- Written communication with the builder about the delay
- Possession letter or notice, if issued
What happens after: The Authority issues notice to the promoter, calls for a response and supporting documents, and after a hearing passes an order on refund/interest or possession; either party may appeal that order to the Appellate Tribunal.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
Refund with interest on withdrawal
State Real Estate Regulatory Authority
Section 18(1) of the Real Estate (Regulation and Development) Act, 2016 entitles an allottee who withdraws from a delayed project to a full refund of amounts paid together with interest at the rate prescribed under the state's RERA Rules. The Supreme Court in Newtech Promoters and Developers Pvt. Ltd. v. State of UP, (2021) 18 SCC 1 confirmed that this right is unconditional and unqualified once possession is delayed beyond the agreed date -- it does not depend on proving the promoter was at fault, subject only to the Act's own force-majeure exceptions.
Interest for the delay period while retaining the unit
State Real Estate Regulatory Authority
Section 18(1) alternatively allows an allottee to remain in the project and claim interest for every month of delay until possession is actually handed over. As with the refund option, the Supreme Court in Newtech Promoters and Developers Pvt. Ltd. v. State of UP, (2021) 18 SCC 1 confirmed this right is unconditional, not contingent on proving the promoter's fault.
Appeal to the Real Estate Appellate Tribunal
State Real Estate Appellate Tribunal
Section 44 permits a person aggrieved by an order of the Authority or an Adjudicating Officer to appeal to the Appellate Tribunal, generally within 60 days, condonable for sufficient cause.
Execution as a civil court decree
Civil court, on reference from the Authority
An order of the Authority or Appellate Tribunal directing payment of an amount can generally be enforced in the same manner as a decree of a civil court.
Does RERA cover every housing project?
No -- a project with a plot area of 500 sq. m or less and 8 or fewer apartments across all phases is generally exempt under s.3(2)(a), and a project with a completion certificate predating RERA's commencement in that state is also not covered; some states apply the thresholds differently.
Is RERA a central or state law?
It is a central Act creating one uniform framework, but each state/UT establishes and runs its own Real Estate Regulatory Authority and portal.
What are my two options if possession is delayed?
Under s.18, withdraw from the project for a full refund with interest, or continue and claim interest for every month of delay until actual possession -- the choice belongs to the allottee.
What interest rate applies to a delay claim?
The rate is prescribed by each state's own RERA Rules and is commonly the State Bank of India's highest Marginal Cost of Lending Rate plus 1-2%, so it varies by state.
Do I need a lawyer to file a RERA complaint?
No -- RERA complaint forms and portals are generally designed for a complainant to file directly, though legal assistance can help in framing the complaint and at the hearing.
How long does a RERA complaint take to decide?
The Act directs the Authority to endeavour disposal within 60 days of filing, though in practice it can take longer depending on the state and case backlog.
Can I appeal if I am unhappy with the Authority's order?
Yes -- an appeal lies to the state's Real Estate Appellate Tribunal under s.44, generally within 60 days, condonable for sufficient cause.
Is there a further appeal beyond the Appellate Tribunal?
Yes -- an appeal against the Tribunal's order can lie to the High Court, generally restricted to a question of law.
What is the new Unified RERA Portal?
A Ministry of Housing and Urban Affairs portal (rera.mohua.gov.in), launched in September 2025, consolidating project registration information across states into one directory -- it does not replace filing a complaint on the relevant state Authority's own portal.
Does RERA cover only apartments, or also plots and villas?
The Act applies broadly to real estate projects, including plotted developments and villas as well as apartment buildings, subject to the same size-based exemption.
Governing law: Real Estate (Regulation and Development) Act, 2016
Source: Real Estate (Regulation and Development) Act, 2016, ss.3, 18, 29, 31, 44; Unified RERA Portal launched by the Ministry of Housing and Urban Affairs, September 2025 (rera.mohua.gov.in). Interest rates and complaint fees are state-specific and not asserted as one national figure here.
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.