How to Get a Refund If a Builder Delays Possession of a Flat?
The real estate sector in India has seen significant growth over the past decade, but it has also been plagued with issues such as project delays, cost overruns, and builder non-compliance. One of the most pressing concerns for homebuyers is the delayed possession of flats. Many buyers invest their hard-earned money into real estate projects, only to find themselves waiting indefinitely for their dream home.
If you are facing a situation where a builder has failed to deliver possession on time, you may be eligible for a refund, compensation, or interest for the delay. This blog will guide you through the legal steps to claim a refund, the remedies available under RERA, consumer protection laws, and civil litigation options.
Understanding Your Rights as a Homebuyer
1. What Are Your Rights Under RERA?
The Real Estate (Regulation and Development) Act, 2016 (RERA) was introduced to protect homebuyers and ensure transparency in real estate transactions.
Right to Timely Possession: If a builder fails to deliver the property within the promised timeline, the buyer has the right to seek compensation or a full refund.
Right to Interest for Delay: Under Section 18 of RERA, the builder is liable to pay interest to the buyer for each month of delay until possession is handed over.
Right to Cancel & Get Refund: If the builder delays possession unreasonably, the buyer can cancel the booking and demand a 100% refund along with interest.
Example: If a builder promised possession by January 2023 but has still not handed over the flat, the buyer can approach RERA to claim compensation or seek a refund.
Steps to Get a Refund If Your Builder Delays Possession
Step 1: Review Your Builder-Buyer Agreement
The first step in claiming a refund is to examine the Agreement for Sale signed with the builder. Check the following clauses:
Possession Date: Look at the agreed date of delivery. If it has been exceeded, you have a strong case.
Penalty for Delay Clause: Some agreements specify compensation for delays.
Force Majeure Clause: Builders often cite unforeseen circumstances as a reason for delay. Ensure the delay is not covered under this clause.
Step 2: Send a Legal Notice to the Builder
If the builder has exceeded the possession deadline, send a formal legal notice demanding a refund.
Draft a Legal Notice: Clearly state the delay, demand a refund, and mention the applicable laws (RERA, Consumer Protection Act, or Indian Contract Act).
Provide a Deadline: Give the builder a 15-30 days’ time to respond or refund the amount.
Mode of Sending: Send the notice via registered post, email, and WhatsApp (for proof of delivery).
Example: A buyer sends a legal notice on 1st January 2024, asking for a full refund within 30 days. If the builder fails to comply, legal action can be initiated.
Step 3: File a Complaint Under RERA
If the builder does not respond, RERA is the most effective platform to claim your refund.
How to File a RERA Complaint?
Visit the State RERA Website
Every state has its own RERA Authority (e.g., MahaRERA for Maharashtra).
Register a Complaint Online
Fill in the project details, builder details, and your complaint.
Attach Documents
Builder-Buyer Agreement
Payment Receipts
Legal Notice Sent to Builder
Project Registration Details (from RERA portal)
Pay the Filing Fee
Fees range from ₹1,000 - ₹5,000 depending on the state.
Hearing Before RERA Tribunal
RERA will issue a notice to the builder and hear both parties.
RERA Order for Refund & Compensation
If the builder is found guilty of delaying possession, RERA can order a full refund along with interest (8-10% per annum) or compensation.
Step 4: File a Case in Consumer Court
If RERA is not effective or if your property is unregistered under RERA, you can approach the Consumer Disputes Redressal Commission (NCDRC).
Who Can File a Case in Consumer Court?
Buyers who have booked a flat and suffered due to project delays.
Multiple buyers of a project can file a joint complaint against a builder.
How to File a Consumer Complaint?
Draft a Consumer Complaint
Mention the deficiency in service and unfair trade practices of the builder.
Claim compensation for mental harassment, litigation costs, and refund of the amount.
Submit Complaint in the Appropriate Forum:
District Forum: If claim amount is up to ₹50 lakh
State Commission: If claim amount is ₹50 lakh - ₹2 crore
NCDRC: If claim amount exceeds ₹2 crore
Attach Evidence
Builder-Buyer Agreement
Receipts of payments made
Delay proof (Emails, notices, RERA details)
Example: In 2022, the NCDRC ordered a builder to refund ₹1.5 crore with interest after a 5-year delay in handing over flats in Noida.
Step 5: File a Civil Suit for Recovery & Compensation
If the builder is refusing to refund the amount, you can file a civil suit for recovery under Order 37 of the Civil Procedure Code (CPC).
Jurisdiction: File in the appropriate District or High Court.
Reliefs: Refund of the paid amount, interest, and additional damages for mental agony.
Example: A homebuyer in Mumbai won a case against a builder and received a refund with 10% interest per annum after approaching the civil court.
Step 6: File a Criminal Complaint (If Builder Is Fraudulent)
If the builder has maliciously cheated buyers, you can file a criminal case under the new Bharatiya Nyaya Sanhita, 2023 (BNS):
Section 316 (Cheating and Dishonest Inducement to Deliver Property): If the builder has taken money but failed to deliver the property intentionally, they can be prosecuted for cheating.
Section 317 (Criminal Breach of Trust): If the builder collected funds from homebuyers and misappropriated them, they can be held liable under this section.
Section 324 (Fraudulent Transactions Relating to Property): If the builder has sold the same unit to multiple buyers or concealed facts about the project's delay, they can be prosecuted under this section.
Steps to File a Criminal Complaint Under BNS:
File an FIR at the local police station citing Sections 316, 317, and 324 of BNS.
Approach the Economic Offences Wing (EOW) if multiple buyers are affected and large sums are involved.
Initiate legal proceedings for fraud and misrepresentation before the competent court.
Example: In a recent case, a builder was prosecuted under Section 324 of BNS for selling the same flat to multiple buyers, leading to criminal proceedings and asset seizure..
What Compensation Can a Buyer Claim?
If a builder delays possession, you can claim:
✅ Full Refund with 8-12% interest per annum
✅ Compensation for Mental Harassment (₹50,000 - ₹5 lakh)
✅ Legal & Litigation Costs
✅ Penalty Against Builder for Unfair Practices
Conclusion: The Best Way to Get Your Refund
1️⃣ Start with a Legal Notice
2️⃣ File a RERA Complaint for Refund & Interest
3️⃣ Approach Consumer Court If RERA Is Ineffective
4️⃣ File a Civil or Criminal Case in Extreme Cases
Builders often delay possession for years, but you do not have to suffer silently. By using RERA, Consumer Courts, and Civil Courts, homebuyers can successfully claim a refund and compensation. If your builder has delayed your property, take legal action immediately to safeguard your rights.
Need professional help? Expert Jurist LLP can assist you in filing your RERA complaint or consumer case efficiently. Contact us today!
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