In short
- Under RERA, if a builder fails to give possession as promised in the agreement, the buyer can either withdraw and claim a refund with interest, or stay in the project and get interest for every month of delay.
- Complaints go to the state Real Estate Regulatory Authority. Compensation claims are decided by its adjudicating officer.
- Appeals go to the state Real Estate Appellate Tribunal within 60 days, and then to the High Court.
- Homebuyers can also go to a Consumer Commission. But the Supreme Court has said that once one route is chosen for a dispute, the buyer generally cannot switch to the other for the same dispute.
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02What the law says
Section 18 of the Real Estate (Regulation and Development) Act, 2016 deals with delay. If the promoter (builder) fails to complete or is unable to give possession of an apartment, plot or building as per the agreement for sale, or by the date it specifies, the allottee (buyer) has two options:
- Withdraw from the project. The builder must return the amount received, with interest at the rate prescribed by the state's rules, and compensation as provided in the Act.
- Stay in the project. The builder must pay interest for every month of delay until possession is handed over, at the prescribed rate.
Each state has its own RERA authority, appellate tribunal and rules, and the rate of interest, forms and fees are set by each state's RERA rules. The Act says the rate the builder pays the buyer on default and the rate the buyer pays the builder on default must be the same. In Newtech Promoters v. State of UP, the Supreme Court described the right to a refund under section 18 as unconditional where the builder fails to give possession as agreed. It also said the regulatory authority can order refund and interest, while compensation is decided by the adjudicating officer.
RERA also makes the builder responsible for structural defects and certain other defects reported within five years of handing over possession. They must be fixed free of charge within 30 days.
The Act says it is in addition to other laws, not in place of them (section 88). Civil courts cannot hear matters that RERA bodies can decide (section 79), but the Supreme Court held in Imperia Structures v. Anil Patni that Consumer Commissions are not barred. In Kabra and Associates v. Rekha Rajkumar Hemdev, it held that homebuyers who first chose RERA, and then withdrew their RERA complaint, could not later file the same claim before a Consumer Commission.
Your state
General information for India. State-specific notes are listed below.
Karnataka · Karnataka RERA and appeals
In Karnataka, complaints go to the Karnataka Real Estate Regulatory Authority. Appeals go to the Karnataka Real Estate Appellate Tribunal within 60 days. A late appeal needs an application, supported by an affidavit, showing sufficient cause for the delay. Appeals are filed online in Form R under rule 33 of the Karnataka Real Estate (Regulation and Development) Rules, 2017, with a fee of ₹5,000. The appeal and its annexures must also be filed in three copies at the Tribunal's filing counter. Documents that were not produced before the Authority or adjudicating officer can only be filed with a separate application, and the other side gets a chance to respond. The interest rate is set by the Karnataka rules and is not given here.
Keralam (Kerala) · Keralam: K-RERA, interest and appeals
In Keralam, complaints are filed online on K-RERA's portal (opens in new tab) after registering as a complainant. The complaint form asks you to choose between the Authority and the adjudicating officer. K-RERA's manual says compensation claims under sections 12, 14, 18 and 19 of the Act go to the adjudicating officer, and other complaints go to the Authority. The complaint, the agreement for sale, payment proof and other documents are uploaded, and the fee is paid online. K-RERA's website says the interest rate for a refund and for delay is the State Bank of India's Benchmark Prime Lending Rate plus 2%. The Authority and its adjudicating officer sit in Thiruvananthapuram. Appeals go to the Kerala Real Estate Appellate Tribunal, a separate body in Ernakulam.
Tamil Nadu · Tamil Nadu RERA, interest and appeals
In Tamil Nadu, complaints go to the Tamil Nadu Real Estate Regulatory Authority (TNRERA). Under the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017, complaints to the Authority are made in Form M, and compensation claims to the adjudicating officer in Form N. Rule 18 sets the interest rate payable by the builder to the buyer, or by the buyer to the builder. It is the State Bank of India's highest Marginal Cost of Lending Rate plus 2%. If SBI stops using that rate, the benchmark lending rate SBI fixes for lending to the public is used instead. Appeals against orders of TNRERA or its adjudicating officer go to the Tamil Nadu Real Estate Appellate Tribunal (TNREAT), in Form L, with an attested copy of the order, the documents relied on and an index. TNRERA's appeals page (opens in new tab) gives the current fee. The Tribunal also hears appeals from Puducherry and the Andaman and Nicobar Islands, and has its own website (opens in new tab).
03Where you can go
- The builder, in writing. Many buyers first ask for a revised possession date, interest or refund in writing.
- State Real Estate Regulatory Authority. Any aggrieved person can file a complaint with the authority or its adjudicating officer, usually online on the state RERA website.
- Adjudicating officer. Decides compensation claims under the Act. The adjudicating officer is or has been a District Judge.
- Real Estate Appellate Tribunal. Hears appeals against orders of the authority or adjudicating officer.
- Consumer Commission. An alternative forum for homebuyers. A complaint already pending there can, with the Commission's permission, be withdrawn and filed before the RERA adjudicating officer.
04How it usually works
- 01
The buyer checks the possession date in the agreement for sale and the project's RERA page.
- 02
Many buyers write to the builder asking for possession, interest or a refund.
- 03
If it isn't resolved, a complaint is filed online with the state RERA authority, choosing either refund with interest or interest for the delay.
- 04
The authority hears both sides and passes an order. Compensation claims go to the adjudicating officer.
- 05
Either side can appeal to the Appellate Tribunal. A builder who appeals must first deposit at least 30% of the penalty, or the full amount payable to the buyer, or both, as the Tribunal directs.
- 06
If the builder doesn't pay, the order can be enforced through the recovery process in the Act and the state's rules.
05Time limits
- 60 days: to appeal to the Real Estate Appellate Tribunal from the date of receiving a copy of the order. The Tribunal can accept a late appeal if there was sufficient cause.
- 60 days: to appeal from the Tribunal to the High Court. The High Court can also accept a late appeal for sufficient cause.
- Five years: from handover, for reporting structural defects that the builder must fix within 30 days.
- RERA complaints: the Act does not set a specific time limit for filing a complaint, but some tribunals have applied the Limitation Act to compensation claims. An advocate can confirm what applies.
- Two years: to file a consumer complaint, from when the cause of action arose (Consumer Protection Act, 2019, section 69).
06Documents to gather
- Allotment letter and agreement for sale (and whether it was registered)
- Payment receipts, bank statements and home loan documents
- The project's RERA registration page, showing the declared completion date
- Builder's emails, letters and demand notices
- Brochures and advertisements that mention possession dates
- A timeline of payments and promised dates
07Common questions
08Questions to ask an advocate
If you speak to an advocate, these questions can help make the conversation useful.
- Is my claim better suited to RERA, a Consumer Commission, or another forum, and what do I lose by choosing one?
- Should I ask for a refund or for delay interest, given the stage of the project?
- Is my complaint within time, given when possession was due?
- How can an order in my favour be enforced if the builder doesn't pay?
09Sources
- Real Estate (Regulation and Development) Act, 2016 — ss. 14(3), 18, 31, 43(5), 44(2), 58, 71, 79, 88 (opens in new tab)
- MoHUA, Real Estate Act FAQ (July 2025) (opens in new tab)
- Imperia Structures Ltd v. Anil Patni, Supreme Court (opens in new tab)
- IREO Grace Realtech Pvt Ltd v. Abhishek Khanna, Supreme Court (opens in new tab)
- M/s Newtech Promoters and Developers Pvt Ltd v. State of UP, Supreme Court (opens in new tab)
- Kabra and Associates v. Rekha Rajkumar Hemdev, Civil Appeal No. 6936 of 2023, Supreme Court (opens in new tab)
- Consumer Protection Act, 2019, s. 69 (India Code) (opens in new tab)
- Karnataka RERA — Filing of appeals before the Appellate Tribunal (Form R, rule 33, fee) (opens in new tab)
- Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 — G.O.(Ms) No.112, Housing and Urban Development Department, 22.06.2017, rules 18, 29, 37, 38 (opens in new tab)
- TNRERA — Tamil Nadu Real Estate Appellate Tribunal (Form L, fee, G.O.Ms.No.103 dated 24.07.2018) (opens in new tab)
- Tamil Nadu Real Estate Appellate Tribunal (opens in new tab)
- K-RERA — Online complaint filing manual (opens in new tab)
- K-RERA — Rights and duties of allottees (interest rate) (opens in new tab)
- K-RERA — Contact (Authority, adjudicating officer, Appellate Tribunal) (opens in new tab)