What to Do If Builder Doesn’t Give Possession on Time? A Homebuyer’s Action Plan

Buying a home is a dream, but builder delays can turn it into a nightmare. If your builder has missed the promised possession date, don't panic. Here's your step-by-step guide to protecting your rights and getting what you paid for.

Step 1: Check Your Agreement & RERA Status

📌 Review your buyer-builder agreement

• Locate the promised possession date

• Check penalty clauses for delays

• Verify if project is RERA-registered (search state RERA website)

📌 Calculate the delay period

• Less than 1 year = Builder may still complete

• More than 1 year = Strong case for compensation/refund

Step 2: Send a Formal Notice

✍️ Draft a legal notice (or have lawyer draft one)

• Mention project details & promised possession date

• Highlight delay period

• Demand either:

  
  

  ➜ New timeline with penalty (10% interest is standard under RERA)

  ➜ Full refund with interest

📅 Give builder 30 days to respond

Step 3: File a RERA Complaint (For Registered Projects)

⚖️ How to file:

1. Visit your state RERA website

2. Submit complaint with:

   
   

   • Copy of agreement

   • Payment receipts

   • Communication with builder

     
     

3. Pay nominal fee (~₹1,000-5,000)

   
   

✅ Possible RERA Orders:

• Compensation (10% interest per year)

• Refund with interest

• New completion deadline

Step 4: Consumer Court Complaint (All Projects)

🏛️ File in consumer forum if:

• Project isn't RERA registered

• You want faster resolution

• Need additional compensation for mental harassment

💰 Can claim:

• Delayed possession compensation

• Alternative accommodation costs

• Mental agony compensation

Step 5: Consider Withdrawal (If Project Stalled)

💸 Demand refund if:

• Delay exceeds 1 year

• Construction has stopped

• Builder isn't responding

⚠️ Warning: If builder refuses refund, RERA/consumer court can order:

• Full refund + 10% interest

• Additional penalties on builder

Step 6: Media & Public Pressure

📢 Last resort tactics:

• Social media campaigns (#BuilderNameFraud)

• Newspaper complaints

• Resident welfare association support

Builder's Common Excuses (And How to Counter)

🚧 "Getting approvals" → Check RERA updates for real status

💵 "Funds shortage" → Demand audit of 70% escrow account

🏗 "Labor problems" → Not your concern; demand compensation

Prevention Tips for Future Buyers

✅ Always buy RERA-registered projects

✅ Pay via bank (never cash)

✅ Track construction via quarterly RERA updates

✅ Get penalty clauses in agreement

Your Rights Summary

✔ Compensation for delay (10% interest standard)

✔ Right to cancel & get refund after 1 year delay

✔ Free repairs for 5 years post-possession (for any structural defects or poor-quality work)

✔ Legal right to see fund utilization

Don't suffer in silence! Builder delays are common but you have powerful legal tools. Act within 1-2 years of delay for best results.

Facing builder delays? Share your experience below - our community can help! 🏠⚖️