How to File a MahaRERA Complaint for Delayed Possession in Maharashtra – Step-by-Step Guide

Imagine booking your dream apartment in Pune or Mumbai after years of saving, only to find that the builder has delayed possession for months. Frustrating, right? This is a common story for many homebuyers, and the financial and emotional stress can be overwhelming.

But there’s good news: MahaRERA exists to protect your rights and provide a clear legal path to resolve delayed possession. In this guide, we’ll cover:

• What MahaRERA is and why it matters
• Your rights as a homebuyer under Section 18 of the RERA Act
• Step-by-step process to file a complaint
• What you can realistically expect from the process

By the end, you’ll know exactly how to take action and secure your investment.

Why MahaRERA is Your Best Ally Against Delayed Possession

Established under the Real Estate (Regulation and Development) Act, 2016, MahaRERA brings transparency, accountability, and fairness to the real estate sector. It is more than a complaint forum—it’s a quasi-judicial authority that can issue binding orders against builders who fail to meet their commitments.

Some reasons MahaRERA is effective:

• Proactive enforcement: One of the most active RERA authorities in India.
• Legal power: Can order possession, refunds, interest, and penalties.
• Transparency: Publicly accessible project details help homebuyers gather evidence.

Example A homebuyer in Thane booked a flat in December 2023 with promised possession in December 2024. The builder delayed the handover, and MahaRERA helped secure a refund with interest.

Homebuyers’ Rights Under RERA Section 18

Before filing a complaint, it’s crucial to know your rights:

1.Wait for Possession & Claim Interest

• Builder must pay interest for each month of delay.
• Interest is usually linked to the SBI Prime Lending Rate.

2.Withdraw & Claim Full Refund

• Homebuyer can opt-out if they don’t want to wait.
• Builder must refund all payments made, along with interest.

Filing a complaint with MahaRERA enforces these rights legally.

Preparatory Steps Before Filing a Complaint

Don’t rush straight to RERA. Proper preparation strengthens your case.

1. Review Your Agreement for Sale (AfS)

• Note the exact possession date.
• Check for “grace period” clauses.
• Knowing your rights helps during hearings and correspondence.

2. Verify RERA Registration

• Visit the MahaRERA portal and check your project.
• Look for the Proposed Date of Completion; this is public evidence.

3. Send a Legal Notice to the Builder

A legal notice should:

• State property details, amount paid, and promised possession date.
• Highlight breach of contract and RERA Section 18 violation.
• Clearly demand either possession with interest or full refund with interest.
• Specify a response timeframe (15–30 days).

Often, a strong legal notice is enough to push builders to negotiate. If ignored, it strengthens your MahaRERA complaint.

Step-by-Step Guide to Filing a MahaRERA Complaint

Step 1: Gather Your Documents

Organize physical and digital copies:

• Agreement for Sale (AfS) – confirms possession date.
• Allotment Letter – confirms your booking.
• Proof of Payments – bank statements and receipts.
• Correspondence – emails, letters, WhatsApp messages.
• Legal Notice – sent to the builder and any replies.
• Photographs (Optional) – show incomplete construction.

Step 2: Register on MahaRERA Portal

• Go to MahaRERA Official Website.
• Register as a new user (complainant) with basic details.

Step 3: File the Complaint

• Navigate to “Online Complaint” or “Form A”.
• Provide:
• Your Details: Name, address, contact info
• Builder/Project Details: As per RERA registration
• Facts: Chronological summary of booking, payments, delays
• Relief Sought: Clearly state your request

Examples:

• For Possession: “Direct the builder to hand over possession immediately and pay interest for delay from [Promised Date] to [Actual Handover Date].”
• For Refund: “Direct the builder to refund ₹[Amount] paid, along with interest from respective payment dates until refund.”

Step 4: Pay Filing Fee

• Typically ₹5,000, payable online.

Step 5: Acknowledgment and Tracking

• Receive an acknowledgment receipt and unique Complaint Number to track your case.

Read also : How RERA Protects Your Home Purchase – Homebuyer Rights Made Simple.

After Filing: What to Expect

1. Notice to Builder: MahaRERA notifies the builder.
2. Builder’s Reply: 30–45 days to respond.
3. Hearing: Virtual or in-person; present evidence.
4. Final Order: Binding decision, usually within 60–90 days.

Possible Outcomes

• Possession + Interest: Builder hands over possession by a new deadline and pays interest.
• Full Refund + Interest: Builder returns all payments with interest.
• Penalties: Non-compliance can lead to fines up to 5% of project cost or imprisonment.

Conclusion: Empower Yourself, Don’t Wait

Delayed possession is stressful, but you are not powerless. With proper preparation, a legal notice, and filing a MahaRERA complaint, you can secure your investment and hold the builder accountable.

For more guidance on property rights and RERA complaints, visit www.maadiveedu.com and blog.maadiveedu.com.

Frequently Asked Questions (FAQ) – MahaRERA Delayed Possession

1. What is MahaRERA and how does it help homebuyers?

MahaRERA is the Maharashtra Real Estate Regulatory Authority, established under the RERA Act 2016. It protects homebuyers’ interests by ensuring builders deliver projects on time, and provides legal recourse for delays, refunds, or interest claims.

2. Can I claim interest if the builder delays possession?

Yes. Under Section 18 of RERA, if the builder fails to hand over possession by the promised date, you can either:

• Wait for possession and claim interest for each month of delay, or
• Withdraw from the project and claim a full refund with interest.

3. Do I need to send a legal notice before filing a MahaRERA complaint?

While not mandatory, sending a legal notice is highly recommended. It shows you attempted to resolve the issue amicably and strengthens your complaint if the builder ignores it.

4. What documents are required to file a MahaRERA complaint?

You should prepare:

• Agreement for Sale (AfS)
• Allotment Letter
• Proof of payments (bank statements, receipts)
• All correspondence with the builder
• Copy of legal notice sent
• Photos of incomplete construction (optional but helpful)

5. How long does MahaRERA take to resolve complaints?

MahaRERA aims to resolve complaints within 60–90 days. However, complex cases may take longer. You will receive a Complaint Number to track your case online.

6. Can MahaRERA force the builder to pay a penalty?

Yes. If the builder fails to comply with MahaRERA’s orders, penalties can include:

• Fines up to 5% of the project cost
• Imprisonment in extreme cases of non-compliance