The problem
Your builder promised possession by a certain date in the agreement — and that date has long passed. No updates, no compensation, and the builder keeps pushing the timeline. Meanwhile, you're paying EMIs on a home you can't live in.
Your legal rights
- RERA 2016 §18: If a promoter fails to give possession by the agreement date, the allottee can claim interest at SBI MCLR + 2% (or state-prescribed rate) on every payment made.
- Two options: You can either withdraw (full refund of all payments + interest) or continue (interest for the full delay period).
- RERA §14 & §19: The builder must deliver the flat as per agreed specifications. Structural defects within 5 years must be rectified at the builder's cost.
- Limitation: 2 years from the promised possession date (or 5 years for structural defects).
How to escalate
- Send a legal notice to the builder citing RERA §18 and demanding interest or withdrawal with full refund.
- File a complaint with your State RERA Authority (e.g., MahaRERA, UP-RERA, HRERA).
- If RERA order is unsatisfactory, appeal to the RERA Appellate Tribunal.
- Alternatively, file on e-daakhil.nic.in (Consumer Commission).
Generate your legal notice
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