Introduction
If your builder has received the Occupancy Certificate (OC) but is still refusing to hand over possession of your flat, you have strong legal rights to take action. Delayed possession after OC is a violation of both your buyer agreement and RERA laws. Here’s a step-by-step guide on how to fight back and claim your rightful possession.
Step 1: Send a Legal Notice to the Builder
The first step is to formally demand possession in writing.
What to Include in the Notice:
Mention that the OC was obtained in January 2025 but possession is still pending.
Cite Clause 17 & 18 of your agreement, which requires possession to be given after OC.
Demand:
Immediate handover of the flat.
Compensation for delay (SBI MCLR + 2% interest as per Clause 15 + 10% penalty under RERA).
Give a 15-day deadline before escalating legally.
How to Send It:
Registered Post (for legal proof).
Email (with read receipt).
Step 2: File a Complaint with MahaRERA
If the builder ignores your notice, escalate to Maharashtra RERA.
Why RERA?
Withholding possession after OC is illegal under Section 18 of RERA.
You can claim interest + penalty for the delay.
How to File:
Go to the MahaRERA Portal.
Submit:
Copy of your agreement.
Proof of OC (if available).
Payment receipts.
Copy of your legal notice.
Step 3: Approach Consumer Court (NCDRC)
If RERA doesn’t resolve the issue, file a complaint under the Consumer Protection Act, 2019.
Grounds for Complaint:
Deficiency in service (failure to deliver possession).
Demand compensation + refund with interest.
Step 4: Consider Legal Action
If all else fails:
File a civil suit for "specific performance" (to force possession).
Approach High Court if the builder is acting in bad faith.
Key Points to Remember
✅ Breach of Agreement: The builder must hand over possession after OC (Clause 17).
✅ RERA Violation: Delaying possession post-OC is illegal.
✅ Compensation: You can claim interest + penalty under both your agreement and RERA.
Next Steps:
Send a legal notice immediately.
Preserve all communication (emails, receipts, notices).
Escalate to RERA within 30 days if no response.
#HomeBuyersRights #RERA #DelayedPossession #LegalAction #ConsumerRights
