RERA Litigation & Dispute Resolution Desk
Delay Possession Compensation Claims
Review and representation support for a delay-related matter, subject to facts, documents and applicable law.
What this service involves
If an allottee chooses to remain in the project, Section 18 provides for interest on the amount paid for every month of delay until possession. The amount depends on the dates, the sums paid and the rate prescribed by the state rules. Questions often arise on whether time has been validly extended and whether the delay was caused by events the promoter can rely on.
We assemble the chronology, compute interest on a stated basis and draft a claim. The calculator on this site is an illustration with an editable rate and is not a substitute for a computation prepared for a claim.
Which date and remedy does the claim use?
Delay analysis starts with the agreement’s possession commitment and the events said to affect it. The registered project date, a later portal extension and the contractual date should be recorded separately. Do not assume that a registration extension automatically replaces the agreement date. The buyer’s decision to remain or withdraw affects the Section 18 relief sought.
If the allottee remains, Section 18’s proviso addresses interest for each month of delay until possession at the prescribed rate. A compensation claim may raise distinct evidentiary and procedural questions. Rent, borrowing costs and other alleged loss should be supported by documents and assessed for legal recoverability rather than added automatically to an interest spreadsheet. Avoid double-counting the same alleged loss under different labels.
How should the delay calculation be prepared?
Create a transparent calculation showing principal components, receipt dates, start and end assumptions, rate source and any credits. The Maharashtra rate benchmark is a rule-based reference, not a single permanent percentage. Keep the calculation capable of revision if the forum adopts a different date or principal basis. A calculator is an aid to discussion and is not an adjudicated entitlement.
Examine possession offers, occupancy material, inspection correspondence and the buyer’s response. The legal effect of a particular offer depends on its conditions and the relevant facts. A letter calling an incomplete or unauthorised handover possession should not simply be accepted as conclusive, but neither should an allottee ignore a lawful offer without advice about their own duties under Section 19.
How are defences and settlement evaluated?
The promoter may rely on agreement clauses, buyer defaults, force majeure or specific orders. The response should address the evidence for each defence and its causal connection to the delay. A generic assertion that every approval problem is force majeure is insufficient analysis. Conversely, a buyer’s chronology should disclose their own payment history and relevant communications rather than omit inconvenient records.
Settlement terms should state the period covered, payment dates, interest basis, treatment of future delay and what happens on default. Do not sign a broad release without understanding whether it includes defect, area or other claims. Outcomes depend on facts and the decision of the Authority or Tribunal. The service does not promise a particular award, and enforcement may remain necessary even after an order.
Practical decision points
A buyer may receive an offer letter before the promoter supplies the occupancy permission for the offered unit. Preserve both the letter and the later documents, and obtain advice on the legally relevant endpoint rather than ending the calculation automatically on the letter date. The promoter’s description and the statutory or contractual position may require separate analysis.
The calculation file should preserve the original assumption and any revision adopted after new evidence or a forum direction. Record credits and partial payments so later settlement or recovery discussions use the same outstanding basis. If rent or borrowing costs are claimed, identify their evidence and legal treatment rather than add them mechanically to interest.
When the client’s preferred remedy changes from continuing to withdrawal, revisit the pleadings, calculation and authority to settle. The representative should understand the current instructions. A practical case note should identify unresolved date and rate questions clearly instead of presenting one spreadsheet total as the inevitable award.
Who needs it
Allottees who wish to continue and seek interest for the delay period.
Documents usually required
- Agreement with the promised possession date
- Payment schedule and receipts
- Extension notices and registration extensions
- Correspondence on delay
- Occupancy certificate status
Step-by-step process
- Fix the contractual and registered possession dates
- Tabulate payments and dates
- Calculate interest on the stated basis
- Check extension and force majeure arguments
- Prepare the claim or complaint
- Represent at the hearing
Typical timeline
Depends on the forum and the other side’s response. Timing depends on the matter, document readiness and the relevant authority process; confirm the scope and timeline before engagement.
Delivered by
Advocate, Chartered Accountant. The disciplines involved in a particular engagement are confirmed in the proposal.
The scope and responsible professional are identified in the engagement. Professional certificates are signed in the relevant professional or firm's own name. NXS48 is not an examination or certifying body.
Outcomes depend on facts and the decision of the Authority or Tribunal. Nothing on this page promises a result.
Statutory and official references
- RERA Act, 2016, Section 18 (return of amount and compensation)
- RERA Act, 2016, Section 31 (filing of complaints)
- Maharashtra Registration, Agent, Interest and Disclosure Rules, 2017: project/agent provisions and Rule 18 interest benchmark (read with amendments)
Last reviewed 2026-10-24. Owner-approved for publication. Section references and rates should be verified against the current Act, rules and circulars before reliance. This page is informational, not legal advice.
Frequently asked questions
What rate is used?
The rate prescribed by the applicable state rules. Check the current provision.
Does the claim end on offer of possession?
The effective date and validity of an offer are examined on the facts.
Related services
Contact us for a tailored proposal
Tell us about the property, project or dispute. We scope the work first and prepare a proposal for it.