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Delayed possession: interest, rent or refund — what can you actually claim?

Adv. Joyce D'SouzaAdv. Joyce D'Souza20 Apr 2026 6 min read

When a promoter fails to hand over on the agreed date, RERA gives the allottee a choice — and it is genuinely a choice, not a sequence. Understanding both branches before electing one matters, because the decision is difficult to reverse.

Branch one: stay in the project

The allottee continues with the project and claims interest for every month of delay until possession is handed over. This suits buyers who still want the flat and believe it will be delivered.

Branch two: withdraw

The allottee exits and claims a refund of the amounts paid, together with interest. This suits buyers who have lost confidence in delivery, or whose circumstances have changed.

Before you elect

  • Check the agreed possession date in the registered agreement, including any grace period.
  • Compute what interest to date is actually worth against what a refund returns.
  • Consider the promoter's ability to pay — an order against an empty company is a hollow win.
Interest and refund are alternatives, not a menu to be revisited. Elect once, and elect with the numbers in front of you.

Put the claim in writing early. A contemporaneous record of your position strengthens whichever branch you choose.

This article is general information, not legal advice. For guidance on your specific situation, book a consultation.
Adv. Joyce D'Souza

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Adv. Joyce D'Souza

Associate — Consumer & Civil

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