3
answers
AnsweredFeaturedReal Estate Law
Builder delaying possession for 3 years — what legal action can I take?
Asked by Ravi Kumar10 Jun 202512,450 views
I booked an apartment in Noida Extension in 2020 with a possession date of December 2022. The builder has still not handed over possession and is now asking for an additional ₹5 lakhs for "price escalation due to material cost increase". I have already paid 85% of the total cost. What legal options do I have?
Specific questions:
1. Can I file a case under RERA?
2. Can I get a full refund with interest?
3. Is the builder legally allowed to ask for extra money?
4. Should I approach consumer court or RERA?
Any guidance would be appreciated.
RERAbuilder delaypossessionrefundreal estate
1 Answer
A
Answered 10 Jun 2025
You have strong legal options here. Let me address each question:
**1. RERA Case:** Yes, you should definitely file a complaint with UP RERA. The builder's delay beyond the committed possession date is a clear violation of Section 18 of RERA Act. File on the UP RERA website — the process is online and doesn't require a lawyer initially.
**2. Full Refund with Interest:** Under Section 18(1), if the builder fails to give possession on time, you can opt for a full refund with interest at the rate prescribed by RERA (currently SBI MCLR + 2%). You are also entitled to compensation for the delay.
**3. Extra Money Demand:** No, the builder cannot unilaterally demand additional money. The agreed price is binding unless the contract specifically allows for escalation (which most standard agreements don't). This is an unfair trade practice.
**4. RERA vs Consumer Court:** RERA is faster and more effective for possession/refund issues. However, you can also file in consumer court for compensation. Many people file in both but the NCDRC has directed that if RERA is available, matters should ideally go there first.
**Documents you need:** Agreement of Sale, payment receipts, possession letter (if any), email/whatsapp correspondence with the builder.
Don't delay — RERA has a limitation period but it's generally computed from the date of default.
45 upvotes