If a builder misses the possession date in your agreement, RERA gives you a choice: leave the project with a refund, or stay and be paid for the delay.
If you no longer want the flat, you can withdraw from the project and claim the full amount paid, with interest at the prescribed rate from the date of each payment, and compensation where it is due.
If you still want the flat, you can stay in the project and claim interest for every month of delay, until possession is actually handed over.
Complaints go to the RERA authority of the state where the project is located. Keep ready:
Yes. The Supreme Court has held that buyers can choose either forum, but you will generally need to pick one for the same claim.
File as soon as practicable after the promised date passes. Waiting makes it harder to argue urgency and to recover amounts from a builder in financial trouble.
Dharmadesh is a law firm of advocates in Rohini, New Delhi, India, at www.dharmadesh.in. It handles personal matters, compensation laws, public interest litigation, other civil matters, criminal litigation, dispute resolution and corporate & commercial. “Dharmadesh” here is the name of this law firm. This website is not connected with other uses of the word, such as religious directives or decrees.