A builder who has missed the possession date leaves a Delhi flat buyer with three realistic routes: a complaint to the real estate regulator under RERA, a complaint to the consumer commission, or a civil suit. For a project registered under RERA, the regulator is usually the first route, the consumer commission is an alternative that the Supreme Court has kept open, and a civil suit is the narrowest of the three. The right choice depends on what you want, whether the project is registered and how much you paid.
First, what do you want: possession, or your money back?
The remedy decides the forum. Under Section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA), a buyer whose promoter has not delivered by the agreed date has two options:
- Withdraw and take a refund of the amount paid, with interest.
- Stay in the project and claim interest for every month of delay until possession (kabza) is handed over.
In Newtech Promoters v. State of Uttar Pradesh (2021) the Supreme Court held that the refund right under Section 18(1) is unconditional, so a buyer who wants out of a stalled project does not have to prove more than the delay.
Before choosing, collect the builder-buyer agreement, the allotment letter, every payment receipt and demand letter, and the RERA registration number of the project. The agreement fixes the possession date, and without it the delay cannot be measured.
Route 1: a complaint to the RERA authority
A buyer files a complaint under Section 31 of the RERA Act before the real estate regulatory authority of the State or Union Territory where the project lies. For a project in Delhi that is the authority for Delhi. The authority decides refund and interest. A claim for compensation, as opposed to interest, goes to the adjudicating officer under Section 71.
This route suits a buyer in a registered project who wants a refund or delay interest. It is designed to be quicker and cheaper than a suit, and an appeal lies to the Appellate Tribunal. Check first that the project is registered. A project that was not registered, or that was completed before RERA applied, may be outside the authority’s reach.
Route 2: a consumer complaint
A home buyer is a consumer of a service, and a builder’s failure to deliver is a deficiency in service. In Imperia Structures v. Anil Patni (2020) the Supreme Court held that RERA does not bar a buyer from approaching the consumer commission, because Section 88 of the Act makes RERA’s remedy an addition to, not a replacement of, other laws.
The commission depends on the amount paid:
| Amount paid to the builder | Commission |
|---|---|
| Up to fifty lakh rupees | District Commission |
| Above fifty lakh, up to two crore rupees | State Commission |
| Above two crore rupees | National Commission |
A complaint must be filed within two years of the cause of action under Section 69 of the Consumer Protection Act, 2019. A consumer complaint can seek refund, interest, compensation and costs together, which is why some buyers prefer it. The two routes are alternatives for the same relief, and a buyer should pick one rather than pursue both at once.
Route 3: a civil suit
A civil suit for refund, damages or specific performance of the agreement is the slowest route and has the narrowest scope. Limitation is generally three years. Section 79 of the RERA Act also bars a civil court from deciding a matter that the RERA authority or adjudicating officer is empowered to decide, so in most registered-project disputes a suit is not available. It remains relevant where the project is unregistered, where the claim is outside the RERA Act, or where several heads of relief need a single court. Our page on property disputes in Delhi covers the wider civil remedies.
Which route fits which buyer
| Situation | Usually considered first |
|---|---|
| Registered project, want refund with interest | RERA complaint |
| Registered project, want refund plus compensation in one forum | Consumer complaint, or RERA with a claim before the adjudicating officer |
| Unregistered project | Consumer complaint, or a civil suit |
| Payment made, no allotment, no agreement | Depends on the papers, so see a lawyer first |
This is a guide, not a rule. A lawyer who has read your agreement can tell you which fits.
Mistakes that cost buyers
- Waiting. The consumer two-year period and the civil three-year period run from fixed events, and delay weakens the claim in every forum.
- Signing a fresh agreement or accepting a revised date without advice. This can be argued against you later.
- Ignoring the project’s registration status. It decides whether RERA is available.
- Filing in two forums for the same relief. This invites objection.
How long does it take?
RERA and consumer complaints in Delhi commonly take months to a few years to a final order, and a contested appeal adds more time. A civil suit commonly takes several years. These are ranges and not promises, since they depend on the forum’s workload and on how the builder responds. Even after an order, recovering the amount may need separate execution steps.
Where to go next
Our page on builder-buyer disputes at Dwarka describes how we handle these matters, and our property lawyer page sets out the wider civil remedies. For a first conversation, call 99115 44811 with your agreement and payment receipts. This post is general information and not advice on your case, and no lawyer can promise a particular result.