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Compensation for delay possession


30-May-2025 (In Property Law)
I booked flat in 2021.not receive possession yet. I complaint in rera for flat possession at earliest and compensation for delay possession. Rera result will declare on 2026.if I get possession before rera results. After receiving possession can I still eligible for compensation for delay possession
Answers (5)

Answer #1
661 votes
Yes, even if you receive possession of the flat before the RERA decision in 2026, you are still entitled to claim compensation for the delay in possession as per RERA provisions. The compensation is calculated from the promised date of possession till the actual possession date. You must preserve all proof of delay including agreement dates, builder communication, and possession letter. RERA can award interest or compensation for the delayed period even if the flat is handed over before the case is decided.
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Advocate Vaibhavi Muthinty

Adv. Vaibhavi Muthinty

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Answer #2
842 votes
Yes, you are still eligible to get compensation for delayed possession from the builder. Make sure that the delay is not because of some force majeure event. Feel free to contact me for seeking any legal advice as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

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Answer #3
826 votes
Dear client based on your query, even after receiving possession, a homebuyer may still be eligible for compensation for delayed possession under RERA, depending on the circumstances and applicable legal provisions, for which we can help you regard the process and in legal ways for which you can connect with us.
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Advocate Kalpana Sanap

Adv. Kalpana Sanap

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Answer #4
571 votes
In Maharashtra, if a builder delivers possession of a property before a RERA decision regarding the project, the RERA decision itself cannot retroactively alter the original possession date agreed upon in the Builder Buyer Agreement (BBA). The RERA registration and the timelines declared within it cannot extend or alter the possession date already specified in the BBA. The BBA date is the primary benchmark for determining, if a builder has defaulted on possession, and the RERA process focuses on enforcing those timelines.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #5
538 votes
Yes, even if you receive possession of the flat before the RERA order is passed, you are still eligible for compensation for delayed possession. Under Section 18(1) of the RERA Act, if the promoter fails to hand over possession on the agreed date, the allottee is entitled to interest for every month of delay, irrespective of whether possession is taken later. Taking possession does not waive your right to claim compensation unless you have signed any settlement/agreement waiving such claims. If no such waiver exists, you may continue your RERA complaint and seek: Interest for delay as per RERA rates (often SBI MCLR + 2%) Compensation for mental agony or rent paid (if applicable) Ensure you keep all documents like the agreement to sell, payment receipts, and possession letter. You may also inform RERA authority after taking possession that delay occurred and your claim for compensation remains. .
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Advocate Kiran Ashok Gangurde

Adv. Kiran Ashok Gangurde

LawRatoNavi Mumbai | 100+ Answers
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