If a promoter fails to complete or hand over possession of a flat by the date stated in the agreement (or the registered project timeline), you have two clear choices:
1. Exit and get a full refund, with interest, for every rupee you’ve paid — plus compensation. You are not required to accept a fresh possession date you didn’t agree to.
2. Stay invested and claim interest for every month of delay, calculated at the State Bank of India’s benchmark lending rate plus 2%, until you actually get possession.
You choose. The builder doesn’t get to decide which of these applies to you.
Common Excuses Builders Use — And Why They Usually Don’t Hold Up
- “It was a force majeure event.” Only genuine, unforeseeable events count — and even then, only for the actual period of disruption, not as a blanket excuse for years of delay.
- “You agreed to an extended date in a later document.” Courts have repeatedly refused to let promoters dilute the original registered timeline through side letters or amendments buyers weren’t given a real choice about.
- “We’ve offered possession, just come collect your keys.” An offer of possession without a completion or occupancy certificate isn’t valid possession in the eyes of the law.
- Keep every payment receipt, email, and WhatsApp message with the builder — these become your evidence
- Send a formal written notice (email works) asking for a clear possession date or refund, and keep proof of delivery.
- Check your project’s registration on the state RERA website — it shows the legally binding possession date, regardless of what the builder now claims.
The Bottom Line
Delay is not just an inconvenience — it’s a specific, well-defined legal wrong under RERA, with a specific, well-defined remedy. You don’t need to negotiate from a position of weakness. The next step is filing a formal complaint, which we walk through in detail in our guide on how to file a RERA complaint.
Disclaimer: This article is for general awareness and does not replace legal advice. Please consult a real estate lawyer with your specific documents before taking action.
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