Can a builder delay possession of my flat indefinitely?

No, a builder cannot delay possession indefinitely. Under the Real Estate (Regulation and Development) Act, 2016 (RERA), you have strong legal protection, including the right to claim interest for the delay or to withdraw and demand a full refund. The promised possession date in your agreement is legally binding on the builder.

Key points

• Most residential projects must be registered with the state RERA authority, and the builder is bound by the possession timeline declared there.
• If possession is delayed, you can either continue in the project and claim monthly interest on your paid amount, or withdraw and demand a full refund with interest.
• The interest payable by the builder for delay is usually the same rate they would charge you for a delayed payment.
• Vague force-majeure excuses do not automatically absolve a builder of delay liability.
• RERA complaints are relatively fast and low-cost compared to civil litigation.

Relevant law

Section 18 of the RERA Act, 2016 gives allottees the right to a refund with interest or to continue with interest for delayed possession. The Himachal Pradesh Real Estate Regulatory Authority rules govern the complaint procedure. You may alternatively approach a consumer commission under the Consumer Protection Act, 2019, as a homebuyer is treated as a consumer.

What you can do

• Check whether the project is registered on the Himachal Pradesh RERA website and note the declared completion date.
• File a complaint before the Himachal Pradesh RERA authority seeking interest for delay or a refund.
• Alternatively, file before the District Consumer Disputes Redressal Commission in Shimla for deficiency in service.
• Consult a RERA/property lawyer in Shimla to compute your delay interest and draft the complaint.