If a developer misses the possession date, RERA gives you options. What they are, how to complain to MahaRERA, and what to do first.
Delayed possession is the most common complaint from buyers of under-construction flats. Before RERA, there was little a buyer could do except wait. The Real Estate (Regulation and Development) Act changed that. This is general guidance, not legal advice — for a specific case, speak to a lawyer.
The short answer
If the developer fails to give possession by the date in your agreement, RERA generally lets you choose: withdraw from the project and get your money back with interest, or stay in the project and receive interest for every month of delay until possession. You can file a complaint with MahaRERA to enforce this.
Step 1: Check the dates
Find the possession date in your registered agreement for sale, then look up the project on the MahaRERA portal and compare it with the completion date the developer committed to, and the project's quarterly progress updates. Note whether the developer has applied for an extension of the project's registration.
Step 2: Talk to the developer in writing
Write to the developer asking for the revised possession date and the reason for the delay. Keep everything in writing. Sometimes this resolves things; either way it builds your record.
Step 3: Decide what you want
- Stay in the project: you continue as a buyer and claim interest for the delay until you get possession. This suits buyers who still want the flat and believe the project will complete.
- Withdraw: you ask for a refund of what you have paid, with interest. This suits buyers who have lost confidence in the project or whose plans have changed.
Think about your home loan too — if you are paying EMIs on an incomplete flat, the delay is costing you twice.
Step 4: Complain to MahaRERA
Complaints are filed online through the MahaRERA portal, with your agreement, payment receipts and correspondence. MahaRERA also offers a conciliation route for disputes that both sides are willing to settle. A lawyer who handles RERA matters can tell you which route suits your case.
Before you buy under construction
Prevention is easier than a complaint:
- Check the developer's delivery record on earlier projects, not just this one.
- Read the project's MahaRERA page — committed date, progress updates and any complaints.
- Make sure your agreement for sale states the possession date clearly and is registered.
- Weigh the risk honestly — our comparison of under-construction and ready-to-move homes covers it.
Our guide to OC, CC and RERA explains the documents that matter. If you are weighing an under-construction purchase, a property consultation before you commit is the cheapest protection there is.
