In short: if a builder does not give possession by the date in the agreement, Section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA) lets you choose: withdraw and get a full refund with interest, or stay and get interest for every month of delay. File the complaint with your state's RERA authority online. The consumer commission is an alternative forum.
What RERA covers
Projects above 500 square metres or with more than eight apartments must be registered with the state RERA authority, and the builder must disclose approvals, the plan and the completion date. Builders cannot change the plan without consent, must keep 70% of buyer money in a separate account, and are liable for structural defects for five years after possession.
Filing a RERA complaint
- Collect the allotment letter, agreement for sale, payment receipts, and the builder's letters on delay.
- Find the project on the state RERA website and note its registration number and promised date.
- File the complaint online (in West Bengal, before WBRERA), stating the relief: refund with interest, delay interest, possession or repair of defects.
- Attend the hearings. The order can be enforced as a recovery certificate if the builder does not pay.
Interest is at the rate in the state rules, usually SBI's lending rate plus 2%. Appeals go to the Real Estate Appellate Tribunal within 60 days.
RERA or consumer court?
The Supreme Court has held that a buyer can choose either the RERA authority or the consumer commission for delay and refund claims. The consumer commission may award compensation for harassment as well.
Questions people ask
How do I get a refund from a builder for delayed possession?
File a complaint with the state RERA authority under Section 18, asking for a refund of the amount paid with interest. The order can be enforced like a land revenue arrear.
Can I file a RERA complaint for a project that is not registered?
Yes. Failure to register is itself a violation, and complaints can be filed against an unregistered project that should have been registered.
What is the time limit to file a RERA complaint?
RERA does not fix a short limit, but file promptly once the promised date passes, keeping records of all payments and letters.
Can an NRI file a RERA complaint from abroad?
Yes. Complaints are filed online and hearings are often held by video, or a lawyer or attorney holder can appear.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.