Builder delayed possession of my flat in Ghaziabad. Can I file a RERA complaint?

"If your property possession date in Ghaziabad has passed and the developer is offering vague excuses, you are protected under the Real Estate Regulatory Authority (RERA). Learn how to seek a refund with interest or a monthly delay penalty for every month of the hold-up."

💡Easy Answer

Yes, you have strong legal standing to file a complaint. Under Section 18 of the RERA Act, if a builder fails to give possession of an apartment in accordance with the terms of the agreement for sale, they are liable to return the amount received with interest at a rate prescribed by the state government. In Uttar Pradesh, the UP-RERA authority is very active in Ghaziabad and Noida. You have two primary choices: you can either withdraw from the project and demand a full refund with interest, or stay in the project and claim monthly interest for every month of the delay until the actual physical possession is handed over along with the Occupation Certificate (OC).

🚀 What you should do

1. 1Carefully examine the 'Agreement for Sale' or 'Allotment Letter' to pinpoint the exact promised possession date, including any 'Grace Period' mentioned in the fine print.
2. 2Systematically organize all financial documents, including payment receipts, bank statements showing transfers to the builder, and any interest paid on home loans.
3. 3Draft a formal communication to the developer requesting the exact status of the project and a copy of the applied-for Occupation Certificate (OC) or Completion Certificate (CC).
4. 4Register your complaint on the UP-RERA online portal (uprera.access.in) under the 'Complaint' section, selecting between the Adjudicating Officer or the Authority based on whether you seek compensation or possession.
5. 5Attend the virtual or physical hearings provided by the RERA bench to present your evidence of the delay and the financial loss suffered due to the builder's negligence.
6. 6Once an order is passed, if the builder fails to comply, file an 'Execution Petition' to recover the money through the District Collector as arrears of land revenue.