How to File a Complaint with RERA for Delayed Possession

Delayed possession of real estate projects has been one of the most persistent problems faced by homebuyers. To address this imbalance, the Real Estate (Regulation and Development) Act, 2016 (RERA) created a dedicated regulatory mechanism for accountability, timelines, and buyer protection. One of the most frequently invoked remedies under RERA is a complaint for delayed possession.

This article explains when delay becomes legally actionable, how a RERA complaint is filed, and what buyers should expect from the process.

What Is “Delayed Possession” Under RERA?

Delayed possession occurs when a promoter fails to hand over possession of a property by the date promised in:

• The agreement for sale, or

• The project registration details disclosed under RERA

The delay is assessed strictly against the committed possession date, not informal assurances or subsequent communications.

When Does RERA Apply?

RERA applies where:

• The project is registered under RERA, and

• The buyer has entered into an agreement for sale

Even ongoing projects registered after RERA came into force are covered. Delays that began before registration but continued thereafter may still attract RERA scrutiny.

What Rights Does a Buyer Have in Case of Delay?

In case of delayed possession, buyers may seek:

• Refund of the amount paid with interest, or

• Continued interest for the period of delay until possession is handed over

The choice between refund and possession generally rests with the buyer, subject to statutory conditions.

What Is RERA and Who Can Approach It?

Real Estate Regulatory Authority (RERA) is a statutory body established to regulate real estate projects and protect homebuyers.

A complaint may be filed by:

• An allottee or homebuyer

• A group of buyers

• A registered association of allottees

Complaints are filed before the RERA authority of the state where the project is located.

Step 1: Gather Relevant Documents

Before filing a complaint, buyers should compile:

• Agreement for sale

• All payment receipts

• Builder’s possession timeline commitments

• Project registration details

• Correspondence showing delay

Clear documentation strengthens the complaint and avoids procedural delays.

Step 2: Identify the Correct RERA Authority

Each state has its own RERA authority and online portal. The complaint must be filed before the authority having territorial jurisdiction over the project location.

Filing in the wrong jurisdiction may result in dismissal or transfer.

Step 3: Filing the Complaint (Online or Offline)

Most RERA authorities allow online filing through their portals. The complaint typically requires:

• Basic details of the complainant

• Project and promoter information

• Nature of grievance (delayed possession)

• Relief sought

A prescribed fee is payable, which varies by state.

Step 4: Clearly State the Relief Sought

Buyers should clearly indicate whether they seek:

• Refund with interest, or

• Interest for delay while awaiting possession

Ambiguous reliefs may complicate adjudication.

Step 5: Hearing and Response by the Builder

After filing:

• Notice is issued to the promoter

• Builder submits a reply

• Hearings are conducted

RERA proceedings are intended to be summary in nature, focusing on timelines and compliance.

Common Defences Raised by Builders

Builders often cite:

• Force majeure events

• Regulatory delays

• Buyer defaults

RERA examines whether such defences are genuine, documented, and legally tenable.

Timelines Under RERA Proceedings

RERA aims for speedy disposal, but timelines may vary depending on:

• Volume of cases

• Complexity of issues

• Conduct of parties

Despite this, RERA is significantly faster than ordinary civil litigation.

Enforcement of RERA Orders

RERA orders are binding. Non-compliance may result in:

• Penalties

• Interest accumulation

• Recovery proceedings

Buyers are not required to re-litigate the same issue before civil courts.

Can RERA Complaint Be Filed Alongside Other Remedies?

RERA remedies operate independently, but parallel proceedings on the same cause may be restricted. Buyers should understand forum selection carefully before initiating multiple actions.

Common Misconceptions About RERA Complaints

• ❌ “Only big builders come under RERA”

• ❌ “Delay must be several years to qualify”

• ❌ “Once possession is offered, RERA has no role”

RERA evaluates delay strictly against contractual and statutory timelines.

Conclusion

RERA provides a focused and effective remedy for homebuyers facing delayed possession. The complaint mechanism is designed to be accessible, documentation-driven, and time-bound. Understanding when delay becomes actionable and how to approach the RERA authority empowers buyers to assert their rights without navigating prolonged civil litigation. Awareness of this process is essential for anyone affected by delayed real estate projects.