Property Possession Delay - RERA
RERA support for delayed possession, refund, interest, compensation and other claims against real estate developers.
- Estimate Cost
- ₹15,000 – ₹1,00,000
- Typical duration
- 90 days
Service overview
Assistance to homebuyers where a developer has failed to deliver possession within the promised or legally applicable timeline.
The work starts with the documents and the legal route available for the particular dispute or compliance issue. Property, acquisition, tax and RERA matters can involve different authorities and limitation periods.
Who needs it? / When is it needed?
Allottees facing delayed possession, incomplete amenities, construction defects, refund disputes or non-compliance with the Agreement for Sale.
Seek advice as soon as a notice, award, demand, missed possession date or dispute arises. Deadlines and the stage of the matter can determine which remedies remain available.
What to expect from the WCP Professionals
The professional would check the RERA registration, Agreement for Sale, promised possession date, payment record and project status, calculate the practical relief available and determine whether a notice, RERA complaint or other proceeding is appropriate.
How the work would proceed:
- The professional would confirm the project's registration status and review the Agreement for Sale, possession clause, payment record and correspondence about delay
- They would compare the contractual dates with the available project information, identify the possible routes for possession, refund, interest or compensation, and explain their legal and practical consequences
- If proceedings are appropriate, the professional would prepare the State-specific complaint, organise the evidence and track the case through hearings and any subsequent compliance steps
Key deliverables
Delay analysis, interest/refund calculation, legal notice, RERA complaint, evidence compilation, hearing representation and execution follow-up.
The work product should distinguish the legal position, supporting evidence, proposed remedy and next deadline. Court or authority representation should be included expressly rather than assumed from document-drafting work.
Standard turnaround time
- Initial assessment: 3–7 working days.
- Complaint drafting: generally 5–15 working days.
Preparation time depends on whether the title, tax, acquisition or project records are complete. Obtaining certified records, valuation material or third-party certificates can extend the preparation period.
Government fees, timelines & key outcomes
- The applicable RERA filing fee depends on the State/UT Authority
- The outcome may include possession, refund, interest, compensation or directions for compliance
- RERA's framework provides for complaint disposal within the prescribed period, but actual case time depends on the Authority
Court fees, RERA filing fees, stamp duty, government charges and professional fees are separate. The exact government fee should be checked against the relevant State rules or current portal before filing.
Forms & filings involved
State-specific RERA complaint form/application, affidavit or declaration where required, supporting documents and authorisation.
The correct forms depend on the statute, State, authority and stage of the matter. The filing set should be confirmed after the records are reviewed, not selected from a generic checklist alone.
Documents required
Agreement for Sale, allotment letter, payment receipts, demand letters, possession correspondence, RERA registration details, photographs and project advertisements.
Documents should be supplied in chronological order, including adverse notices, earlier orders and any prior settlement. Missing pages or inconsistent names and dates should be identified before the matter is filed.
What we need from you
A payment history, complete correspondence with the developer and a clear preference between possession, refund and other relief.
Please identify all deadlines and earlier proceedings at the outset. Do not withhold an adverse document because it appears unhelpful; it may affect the choice of remedy and how the case is presented.
Important conditions
The relief available depends on the contract, actual project status, delay attributable to the promoter and the applicable RERA rules.
The assessment depends on jurisdiction, limitation, standing and the specific statutory regime. An initial review may identify a need for specialist valuation, tax advice or a separate technical report.
Additional information
RERA proceedings should be evaluated alongside any financing, insolvency or consumer-law exposure rather than viewed in isolation.
Where a matter overlaps with tax, land records, RERA or civil litigation, the engagement should make clear which linked steps are included and which require separate instructions.
The estimated cost covers indicative professional fees only. Government fees, stamp duty and taxes are payable at actuals.
How it works
- 1. Raise a service enquiry describing your requirement.
- 2. A Relationship Manager reviews it and opens it for bidding.
- 3. Pay into escrow and assign the professional you select.
- 4. Track progress to completion, then accept and release payment.
Frequently asked questions
What relief does RERA give for delayed possession?
A refund with interest if you withdraw, or interest for every month of delay until possession if you stay in the project.
Where do I file a RERA complaint?
With the RERA Authority of the State where the project is located, usually online, with the prescribed fee.
Can I file RERA and consumer cases together?
Both remedies exist, but pursuing them in parallel for the same relief is generally discouraged; the forum is chosen at the outset.
What if the builder does not comply with the RERA order?
Execution can be sought, and RERA can impose penalties or recover amounts as arrears of land revenue.