Claim Refunds for Delays in Possession of Flats in Gurugram: RERA case Filing Steps 2026 

January 26, 2026

Adv Kanika Rao

Homebuyers in Gurugram often endure frustrating delays in project completion, but RERA provides strong recourse with rulings favoring consumers in about 70% of disputes. This post breaks down how to file complaints effectively, assert possession rights, and secure refunds under the Real Estate (Regulation and Development) Act, 2016 with best rera lawyer in Gurgaon

Understanding RERA Delays

Real estate delays plague Gurugram projects, with many developers missing possession deadlines by months or years due to funding issues or poor planning. Haryana/Gurugram RERA has handled over 5,000 complaints since 2017, recovering ₹1,200+ crore for buyers by mid-2025. Recent rulings show 70% success for consumers, emphasizing strict penalties on errant builders.

Filing a RERA Complaint

Start by gathering key documents: allotment letter, payment receipts, and correspondence with the developer.
Visit the Haryana RERA portal (haryanarera.gov.in), register as a complainant, and submit Form A with a fee of ₹1,000-₹5,000 based on claim value.
Include project details, delay proof, and demanded relief; hearings typically conclude in 60 days.
Ready to act? File your complaint with expert guidance—schedule a free case review today.

Possession Rights Explained

Under Section 19, buyers gain possession rights upon 10% payment, with developers obligated to deliver on schedule with occupancy certificate.
Delays beyond 90 days without valid reason trigger interest at MCLR + 2% from the due date.
If uninhabitable, reject possession via registered notice and pursue extension-free handover.
Facing delayed keys? Assert your rights now—contact Adv. Kanika Rao for a possession notice draft.

Securing Refunds and Compensation

RERA mandates full refunds with interest (MCLR + 2%) for withdrawals, plus 10% penalty on delay amounts in ongoing projects.
For abandoned projects, claim entire principal plus 20% interest if insolvency looms.
Appeal to RERA Appellate Tribunal within 30 days if unsatisfied; Supreme Court precedents like Pioneer Urban uphold buyer refunds.

About the author

Kanika Rao graduated from the esteemed Campus Law Center at the University of Delhi, establishing a strong foundation in law. She practices at the Gurugram and other district courts in Haryana, earning recognition as a top lawyer in Gurugram and Punjab & Haryana High Court for her client-focused approach and strategic expertise.

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