Possession delayed — how to claim interest or a refund under RERA in Maharashtra

Your two choices under Section 18

• Stay in the project: interest for every month of delay, from the possession date in your agreement until you're actually offered possession.
• Withdraw: a refund of what you paid, with interest, plus compensation. The Supreme Court has held (Newtech Promoters, 2021) that this right to a refund, when possession isn't given as agreed, is unconditional.

The interest rate in Maharashtra

Rule 18 of the Maharashtra RERA rules fixes the rate at the State Bank of India's highest Marginal Cost of Lending Rate (MCLR) plus 2% — the same rate a builder can charge you if you pay an instalment late. It is worked out on the amounts you actually paid, from the date each was paid.

How to claim it

1. Find the possession date in your registered agreement for sale — not the brochure, and not a later date the builder announced.
2. Write to the builder claiming interest for the delay (or a refund, if you're withdrawing). Keep a copy.
3. If the builder refuses or doesn't reply, file a complaint with MahaRERA under Section 31. MahaRERA decides the interest on the merits of your case.
4. If you also want compensation for losses (for example rent you had to pay), that is decided separately by MahaRERA's Adjudicating Officer.

When the builder blames 'force majeure'

A delay is excused only by a force majeure event as the RERA Act defines it (Section 6) — MahaRERA lists this among the clauses no agreement can change. A builder's own funding problems or slow work are not force majeure.