Guides · Panvel
Possession delayed? Your RERA rights and how to complain to MahaRERA
Written by Raj Rawthar
Last updated 7 Nov 2026 · 9 min read
In short
- The date that counts is the possession date in your registered agreement, not the site office's month or the date on MahaRERA's website.
- If it passes, Section 18 of the RERA Act lets you stay and be paid interest for every month of delay, or leave with your money back and interest.
- In Maharashtra the rate is SBI's highest MCLR plus 2%, about 10.8% a year today: on ₹30 lakh paid, about ₹27,000 a month (illustration).
- Check the agreement and MahaRERA's page, and write to the builder first. If there's no clear answer, file Form A online on MahaRERA; the fee is ₹5,000 plus charges.
- MahaRERA decides, with no fixed time limit. After an order the builder gets 60 days; then you can report non-payment and MahaRERA can issue a recovery warrant.
In this post
“Just a few more months.” That’s what the site office tells you each time you ask about your flat. You’ve heard it before, and the date in your agreement has already gone by.
Meanwhile the rent goes out, and so does the bank’s pre-EMI (the interest-only payment while the flat is built). Part of you wants to complain, and part worries the builder will drag things out if you do.
The short answer is calmer than it feels. The law counts from the date in your agreement. It gives you two choices: stay and be paid interest for each month of delay, or leave with your money back and interest. A complaint to MahaRERA (the state’s official regulator for building projects) is an online form most families can file themselves.
Take a couple who rent a 1 BHK in Kalamboli with their four-year-old. They’re an illustration, not real clients. They booked a 2 BHK in Panvel and have paid about half of it. Their agreement’s date has passed, and we’ll follow them step by step.
The date that counts is the one in your agreement
Your rights run from the possession date (the day the finished flat is handed to you) written in your registered agreement for sale. They don’t run from the site office’s month, or from the date on MahaRERA’s website.
That website date is the builder’s declared completion date for the registration, and MahaRERA can extend it. Two rulings this year kept the buyers’ date separate:
- MahaRERA, July 2026 (as reported by the law firm K S and K): on 26 complaints from one Pune project, extending the registration didn’t change the date in the buyers’ agreements.
- Bombay High Court, June 2026: a builder’s later letters with new dates were one-sided and didn’t bind the buyers.
So a letter with a revised month doesn’t mean you’ve agreed to it.
What about this year’s four extra months? On 7 August 2026, MahaRERA gave four more months to registered projects with completion dates on or after 28 February 2026. Projects registered from 1 August 2026 were left out.
Do those months pause a buyer’s interest? That hasn’t been tested yet, wrote the head of Mumbai Grahak Panchayat, a buyers’ group, that month. So keep claiming from your agreement’s date. Our post on flats with 2027 possession shows how the four months move a date on paper.
Do three checks before you complain
Our Kalamboli couple doesn’t need a lawyer for this part. They need the agreement, a phone and one evening.
- The agreement. Find the possession clause. Write down the date, any grace period, and any clause letting the builder extend for reasons beyond its control. A lawyer can tell you if that applies.
- MahaRERA’s page. Search the project’s number (it starts with P and is on your agreement) on MahaRERA’s own project search. Look for an extension, the latest progress update and an OC (the occupancy certificate, which says the building is legal to live in). Our guides to checking MahaRERA and to the OC show where each sits.
- A letter to the builder. Email it, and send a copy by registered post. Keep it short. Give your flat number and the agreement’s date. Ask for the new date in writing, and for interest under Section 18 from that date. Ask for a reply within 15 days.
Why write at all? MahaRERA’s own FAQ says interest isn’t automatic. If the builder refuses your demand, you file a complaint. Your letter is that demand, with a date on it.
You can stay and claim interest, or leave with a refund
Section 18 of the RERA Act (the 2016 central law that protects flat buyers) gives you two choices when the agreement’s date is missed.
Stay and claim interest
- Interest for every month of delay, until the flat is handed over
- Counted on what you’ve paid the builder, not stamp duty (the state’s tax on the sale) or other taxes
- Suits you if you still want this flat
Leave with a refund
- Your money back, with interest
- Compensation can be claimed on top
- Suits you if you’d rather start your search again
The Supreme Court called the refund right unqualified in 2021, in Newtech Promoters v State of UP. It doesn’t hang on the builder’s reasons, so the choice is yours.
Which suits our couple? If they still like the flat, staying usually makes sense. A refund means a fresh search. If a bank has paid part of the price, ask it how a refund would be split.
Keep paying your instalments as the agreement says. Under Section 19, a buyer who pays late owes interest too. It’s the same rate the builder pays you. Talk to a lawyer before you hold back any payment.
On ₹30 lakh paid, the interest is about ₹27,000 a month
In Maharashtra, the rate is SBI’s highest MCLR (the benchmark State Bank of India prices its loans from) plus 2%. On SBI’s own rate table, the highest is today the three-year rate.
At today’s SBI rate, the claim works out to about 10.8% a year. MahaRERA fixes the rate on the date of its order. So yours can differ.
| Our Kalamboli couple | Amount |
|---|---|
| Paid to the builder so far | ₹30 lakh |
| SBI’s highest MCLR (3-year), from 15 Sep 2026 | 8.80% |
| Plus 2 percentage points (the rule): yearly claim rate | 10.8% |
| Interest for each month of delay | ₹27,000 |
| After 6 months | ₹1.62 lakh |
So each month of delay is worth about ₹27,000 to them. Put your own rent and pre-EMI beside that line.
In one 2026 Ghatkopar order, the interest ran until the builder offered possession with an OC. Any money the buyers still owed could be subtracted from the interest at handover. Taking the keys late doesn’t cancel it either: the Bombay High Court said buyers who accepted delayed possession kept their claim.
The simple rule: track the date in your agreement, not the site office’s. If it passes, write to the builder first. No clear answer in about two weeks? File on MahaRERA. Stay and claim interest unless you’d truly rather start again.
Filing the complaint yourself, step by step
MahaRERA takes complaints online, and only against registered projects. You can appear yourself or send a lawyer.
- Make a profile. On MahaRERA’s site, open the online application and create a complainant profile. It first offers you its conciliation forum (settlement talks between you and the builder).
- Fill Form A. Give the flat number, every owner’s name, the price, what you’ve paid, and the booking, agreement and possession dates.
- Upload and pay. Attach the agreement, receipts and your letter. MahaRERA’s FAQ gives the fee as ₹5,000 plus charges. Check the amount on the payment screen.
- Registry check. MahaRERA’s registry checks the papers, and you fix any objections it raises.
- First hearing. By MahaRERA’s 2025 figure, one or two months after filing, by video. Later hearings can take longer. MahaRERA asks if you’d both settle through conciliation.
- Order. If you don’t settle, hearings go in order of filing, and MahaRERA decides.
The fee is small, and the wait is counted in months
MahaRERA’s FAQ says no time limit is set for deciding complaints. So plan in months, and don’t give up the rented flat on the strength of a complaint.
Compensation on top, say for extra rent, goes to an adjudicating officer, a judge who is or was a District Judge. MahaRERA itself decides refunds and interest, the Supreme Court said.
If the builder doesn’t pay, MahaRERA can recover it
MahaRERA’s complaint page says a new tab opens there 60 days after an order. You use it to say the builder hasn’t paid.
A November 2025 MahaRERA procedure, as the Free Press Journal reported it on 23 November, aims to hear an unpaid buyer within four weeks.
If the builder still doesn’t pay, MahaRERA can issue a recovery warrant. That asks the District Collector to seize the builder’s property and recover the money.
Can the builder appeal instead? It can, within 60 days. But before the appeal is heard, it must deposit at least 30% of any penalty, or the full amount owed to you.
“Won’t a complaint slow our flat down?”
You’ll deal with this builder for years, and nobody wants a fight.
But silence costs money. Interest runs from your agreement’s date, and a written demand shows when you asked. A settlement you both sign in MahaRERA’s conciliation forum becomes a binding order.
Who can skip it? If the builder replies in writing with a believable date and agrees to pay interest, you may not need one. Otherwise, bring in a lawyer when:
- You want compensation as well as interest.
- You’re choosing a refund, and a bank has paid part of the price.
- The builder appeals, or offers a deal that asks you to give up interest.
- Several buyers want to complain together.
Every case turns on its own agreement. MahaRERA decides, and nothing here promises an outcome. Take a lawyer’s advice for yours. Still choosing a flat? Our six steps from loan to keys show where to read the date before you book.
How we checked: on 7 November 2026 we read the Act from MahaRERA’s own copy, its complaint page and FAQ, SBI’s rate table and two judgments. The state’s rules came from a legal-database copy, as we couldn’t reach the gazette. The table is our sum for an illustrative couple. We name no project or builder.
Back to our Kalamboli couple. Their first step isn’t a complaint; it’s the agreement, the MahaRERA page and one clear letter. Send your project’s MahaRERA number through the form on this page, and our advisor will read the dates with you. Let’s work out where your flat stands, together.
Questions buyers ask
Can we go to the consumer commission instead of MahaRERA?
MahaRERA’s FAQ says you can approach only one of the two for the same dispute. Ask a lawyer which suits you.
Do we lose the interest if we take the keys?
Not on the Bombay High Court’s June 2026 ruling. Once the OC is issued, the Act expects you to take possession within two months. If the possession letter says you give up claims, show it to a lawyer before you sign.
When must a builder pay a refund?
The state’s rules, in the legal-database copy we read, say within 30 days of the refund falling due.
Ask Raj about Panvel
A shortlist that fits your budget and date, on WhatsApp. No calls unless you ask.
What we can't tell you, sources and corrections
This isn't legal advice, and it isn't a substitute for your own advocate reading the papers. Rules and rates change: check the source's date.
Sources
- The Real Estate (Regulation and Development) Act 2016, Gazette of India text, as hosted on MahaRERA's own website. Section 11(1)(e): the promoter enters a quarterly up-to-date status of the project on the Authority's website. Section 18(1): if the promoter fails to complete or is unable to give possession in accordance with the agreement for sale, he is liable on demand, if the allottee wishes to withdraw, to return the amount received with interest at the prescribed rate including compensation; proviso: an allottee who does not intend to withdraw shall be paid interest for every month of delay, till the handing over of the possession, at the prescribed rate. Section 19(4): refund with interest and compensation; 19(6)-(7): the allottee pays as the agreement specifies and is liable to interest at the prescribed rate for delay; 19(10): the allottee takes physical possession within two months of the occupancy certificate. Section 31(1): any aggrieved person may complain to the Authority or the adjudicating officer. Section 40(1): unpaid interest, penalty or compensation is recoverable as arrears of land revenue. Section 43(5) proviso: a promoter's appeal is not entertained without first depositing at least 30% of the penalty, or such higher percentage as the Tribunal decides, or the total amount payable to the allottee including interest and compensation, or both, before it is heard. Section 44(2): appeal within sixty days of receiving the order. Section 71(1): compensation under sections 12, 14, 18 and 19 is adjudged by an adjudicating officer, a judicial officer who is or has been a District Judge. maharera.maharashtra.gov.in, checked 7 Nov 2026.
- Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules 2017, text as hosted by Casemine (we could not reach the gazette copy), with Rule 18's wording also quoted in MahaRERA's own FAQ, Q23. Rule 18: the rate of interest payable by the promoter to the allottee or by the allottee to the promoter shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent (proviso: if MCLR is not in use, SBI's benchmark lending rate). Rule 19: a refund with applicable interest and compensation is made within thirty days from the date it becomes due and payable. www.casemine.com, checked 7 Nov 2026.
- State Bank of India, MCLR historical data (page last updated 15 October 2026): MCLR effective 15 September 2026, unchanged from July and August, by tenor: overnight and 1 month 7.85%, 3 months 8.25%, 6 months 8.60%, 1 year 8.70%, 2 years 8.75%, 3 years 8.80%. The highest is the 3-year rate, 8.80%; plus 2 percentage points gives the 10.8% in our illustration. sbi.bank.in, checked 7 Nov 2026.
- MahaRERA, FAQs for MahaRERA website: Q11, an aggrieved person can approach only one of the two forums (the Authority/adjudicating officer or the consumer forums) for the same dispute; Q22, interest payment by a promoter may not be automatic, and if the promoter refuses a demand the allottee files a complaint under section 31, heard by seniority; Q23, Rule 18 sets the rate at SBI highest MCLR plus two percent; Q30, no time limit is prescribed for disposal of complaints decided on merits by the Authority (60 days under section 71(2) for adjudging compensation); Q53, at the first hearing MahaRERA asks the parties to settle through conciliation and, if both agree, the matter goes to the conciliation bench; Q55, the fee for an individual complaint is Rs 5,000 plus applicable charges; Q57, hearings by video conference link sent to the registered email. The FAQ is undated; it says the fee is set in Rules 6 and 7 of the Maharashtra RERA (Recovery of Interest, Penalty, Compensation, Fine Payable, Forms of Complaints and Appeal) Rules 2017; MahaRERA's complaint page (read 7 Nov 2026) names no amount, only the requisite payment. maharera.maharashtra.gov.in, checked 7 Nov 2026.
- MahaRERA, Complaint filing under registered project (guidance for complainants; page read 7 Nov 2026): complaints only against MahaRERA registered projects, filed online through a complainant profile, which first offers the Conciliation Forum; Form A asks for the unit number, all owners' names, total consideration, money paid, and the dates of booking, agreement and possession in the agreement; the Registry scrutinises and objections must be removed; hearings by seniority; a convenience set of no more than 20 pages (Orders 23/2021 and 27/2021); notices by email and dashboard; parties may appear personally or through an advocate or other authorised person; review within 45 days of the order; the non-execution tab opens 60 days after the order, and the Authority may issue a recovery warrant under section 40(1) to the Collector. maharera.maharashtra.gov.in, checked 7 Nov 2026.
- Free Press Journal, 23 November 2025, reporting a MahaRERA SOP announced 22 November 2025 (no circular number given): MahaRERA aims for homebuyers to receive compensation within 60 days of an order; an unpaid buyer files a non-compliance application and MahaRERA will schedule a hearing within four weeks; the developer files an affidavit of assets; on continued default a warrant goes to the District Collector to seize or attach assets; persistent default may be referred to the Principal Civil Court. www.freepressjournal.in, checked 7 Nov 2026.
- Free Press Journal, 7 August 2026: MahaRERA's order of 7 August 2026 grants an automatic four-month extension, without separate applications, to registered projects whose completion dates, revised completion dates or extended completion dates fall on or after 28 February 2026; projects registered on or after 1 August 2026 are excluded. freepressjournal.in, checked 7 Nov 2026.
- Supreme Court of India, M/s Newtech Promoters and Developers Pvt Ltd v State of UP & Ors, Civil Appeal Nos 6745-6749 of 2021, decided 11 November 2021 (Lalit, Rastogi, Bose JJ): para 25, the unqualified right of the allottee to seek refund under sections 18(1)(a) and 19(4) is not dependent on any contingencies or stipulations; para 86, refund, interest on refund, delay interest and penalty are for the regulatory authority, compensation under sections 12, 14, 18 and 19 for the adjudicating officer. indiankanoon.org, checked 7 Nov 2026.
- Bombay High Court, CCI Projects Pvt Ltd v Rajesh Kumar Chaudhary & Anr, Second Appeal No 479 of 2021, pronounced 18 June 2026 (Sharmila U. Deshmukh J), arising from a MahaRERA complaint and the Appellate Tribunal's order: the promoters' revised timelines were unilateral and not binding on the allottees; the agreement's possession date is not affected by acceptance of delayed performance, and the allottees took possession without forgoing interest for delayed possession; appeal dismissed, interest from 1 March 2016 until handover upheld. indiankanoon.org, checked 7 Nov 2026.
- Free Press Journal, 8 September 2025: MahaRERA resolved 5,267 complaints between October 2024 and July 2025; complaints are registered and hearings take place within one or two months of filing. www.freepressjournal.in, checked 7 Nov 2026.
- K S and K, 12 August 2026, on a MahaRERA order of 20 July 2026 deciding 26 complaints from buyers in a project at Bhugaon, Mulshi, Pune: the completion date on the MahaRERA portal is distinct from the possession date in the registered agreements for sale; extending the registration could not by itself change that date. ksandk.com, checked 7 Nov 2026.
- Free Press Journal Consumer Connect, 3 August 2026, by Adv. Shirish V. Deshpande, chairman of Mumbai Grahak Panchayat: the Centre's four-month extension advisory does not advise RERA authorities to grant an 'interest holiday'; whether the extension can suspend interest liability is 'legally untested and grey'. www.freepressjournal.in, checked 7 Nov 2026.
- Free Press Journal, 28 February 2026: in a Ghatkopar project dispute, MahaRERA ordered interest for delayed possession at SBI's MCLR plus 2%, on the actual amount paid, excluding stamp duty, registration charges and taxes, from 1 January 2023 until the offer of possession with an occupation certificate; the buyers' outstanding dues may be set off against this interest at the time of possession. www.freepressjournal.in, checked 7 Nov 2026.
- Our worked illustration for this post (arithmetic for an illustrative couple, not a real buyer or order): ₹30,00,000 paid × 10.8% a year (SBI 3-year MCLR 8.80% on 15 Sep 2026, source 3, plus 2 under Rule 18, source 2) = ₹3,24,000 a year, ₹27,000 a month; 6 months ₹1,62,000; 12 months ₹3,24,000. Simple interest on the amount paid, not counting stamp duty and taxes (source 13); MahaRERA fixes the rate and period in its order. sbi.bank.in, checked 7 Nov 2026.
- Free Press Journal Consumer Connect, 27 April 2026 (updated 11 May 2026), by Adv. Shirish Deshpande, chairman of Mumbai Grahak Panchayat: MahaRERA may refer a complaint to its Conciliation Forum under section 32(g); signed consent terms are recorded in a MahaRERA order and are binding and enforceable as a decree. www.freepressjournal.in, checked 7 Nov 2026.
- MahaRERA's own project search page, where any visitor can search registered projects and open a project's registration details, extensions and progress updates. maharera.maharashtra.gov.in, checked 7 Nov 2026.
Corrections
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