Process to Claim Compensation for Delayed Possession Under RERA
How to Claim Compensation for Delayed Possession Under RERA
Home buying is a significant decision for many individuals; it provides them a sense of security and ownership. But things go wrong when the builder doesn’t give the flat on time; it can cause stress, money loss, and frustration.
Thankfully, the RERA Act, 2016, is there to help you. If your builder delays possession, you can claim compensation under RERA. Let’s thoroughly understand the process.
What is Delayed Possession in RERA?
Delayed possession means the builder didn’t give you your home on the promised date, as mentioned in the agreement for sale.
According to Section 18(1)(a) of the RERA Act, if a builder fails to deliver the home by the agreed date, the buyer can claim a refund or compensation. But to be eligible:
• The project must be registered under RERA.
• You must have a signed agreement for sale.
The delay should not be due to natural calamities like floods, earthquakes, cyclones, etc. (called force majeure under Section 6).
When Can You Claim Compensation?
You can claim compensation under RERA act for delayed possession under the RERA Act, but only if you fulfill these criteria:
• You are the allottee (buyer) as defined under RERA.
• The builder missed the possession deadline.
• There is no valid reason for the delay.
• The property is part of a RERA-registered project.
Also, if you're paying EMIs or rent because of the delay, you can include those costs in your claim.
Step-by-Step Process to Claim Compensation
The process mentioned below will help you get compensation quickly and legally.
1. Collect Important Documents
Before filing a complaint, keep these papers ready:
• Sale agreement or booking letter
• Proof of all payments made to the builder
• Emails or letters from the builder mentioning the possession date
• Photos or updates showing a construction delay
• Rent receipts or EMI statements to show your financial loss
2. File a Complaint on the RERA Website
Go to your State RERA website and file a complaint under Section 18 of the Act. File it before the Adjudicating Officer (AO).
• Create your account on the RERA portal
• Fill out the complaint form
• Attach all required documents
• Pay a small fee (around 1,000–5,000)
Some states may ask for a printed copy, too.
3. Attend the RERA Hearing
After you file the complaint, RERA will give you a hearing date. During the hearing:
• You or your legal representative will explain your issue.
• The builder will also give their side.
• The AO (officer) will decide if you should get compensation and how much.
4. Receive the Compensation
If the officer agrees with you, the builder will be ordered to pay:
• Refund with 10% interest
• Rent paid during the delay
• Compensation for mental stress or trouble
The exact amount depends on your case and the documents you provide.
5. Enforce the Order if the Builder Refuses to Pay
If the builder doesn’t pay even after the RERA order, you can file an execution request under Section 40. Then RERA can:
• Ask the district magistrate to recover the money
• Seize the builder’s property or bank accounts
Do You Need a Lawyer?
No, you can file a RERA complaint without hiring a lawyer. The process is simple, and the website guides you through the steps. But if the case feels complex, you can take legal help.
Final Words
If your builder delays your home possession, don’t stay silent. Use the power of the RERA Act to get justice. With proper documents and patience, you can claim the money you lost, including rent, interest, and mental stress.
RERA safeguards homebuyers by simplifying and expediting the process. Please follow the steps, and you will be able to claim what is rightfully yours.
.webp)
.webp)
.webp)
.webp)
