Image Source : Hindustan Times
As possession delays continue to plague India’s real estate sector, thousands of homebuyers find themselves trapped in a financial double bind—paying EMIs for unfinished flats while also covering rent for temporary accommodation. The case of Diya Ganguly from Gurugram, whose flat remains incomplete six years after booking, is emblematic of a wider crisis that demands urgent attention and strategic action.
Understanding The Legal Framework
The Real Estate (Regulation and Development) Act, 2016 (RERA) offers several remedies for buyers facing delayed possession.
If the developer fails to deliver the flat by the promised date, the buyer is entitled to:
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A full refund of the amount paid, along with interest (typically SBI MCLR plus 2 percent)
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Monthly interest compensation for each month of delay, if the buyer chooses to remain invested
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Additional compensation for defective land titles or breach of other obligations under RERA
These provisions are not bound by limitation periods, giving buyers flexibility to seek redress even after extended delays.
Key highlights from the legal recourse:
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Buyers can file complaints directly with the RERA Authority without needing a lawyer
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Compensation claims are enforceable even if the buyer eventually takes possession
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Developers are liable for all breaches of the agreement, not just possession delays
Managing The Financial Burden
Possession delays often result in a dual financial load—ongoing EMIs and rent payments. Experts advise treating this as a financial emergency and taking proactive steps to mitigate the impact.
Recommended strategies include:
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Reassess monthly budgets and eliminate non-essential expenses
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Shift to smaller or shared rental accommodations to reduce outflow
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Explore freelance or part-time income opportunities to supplement earnings
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Build an emergency fund using savings or SIPs in liquid instruments
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Pause discretionary investments and consider credit restructuring or moratoriums if needed
Missing EMIs can severely damage credit scores and trigger recovery proceedings. Lenders may classify the loan as a non-performing asset and initiate legal action, including property auctions. Therefore, maintaining repayment discipline is crucial, even during financial stress.
Strengthening Your Legal Position
Buyers should begin by reviewing the builder-buyer agreement for possession clauses, penalty terms, and force majeure provisions. All communication with the developer—emails, notices, advertisements—should be documented. If multiple buyers are affected, forming a group can enhance bargaining power and facilitate collective legal action.
Steps to assert your rights:
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Send a formal legal notice to the developer to initiate dialogue
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File a complaint with RERA or approach consumer forums for compensation
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Consider criminal remedies under the Bharatiya Nyaya Sanhita if fraud or misrepresentation is evident
Experts caution that legal action should be timely and well-documented. Buyers must avoid emotional decisions and instead focus on building a strong case supported by facts and contractual obligations.
Real-Life Lessons And Expert Advice
Diya Ganguly’s experience underscores the importance of vigilance and preparedness. After booking her flat in 2019 with a promised possession date of 2021, she faced indefinite delays post-pandemic. With no updates from the developer, she was forced to pay both rent and EMIs for years. Her case is now under review by RERA, and she has joined a group of affected buyers to pursue collective compensation.
Financial planners recommend that buyers in similar situations:
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Avoid defaulting on EMIs, as it does not pressure the developer but harms the buyer’s credit profile
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Use legal remedies to seek compensation rather than emotional appeals
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Stay informed about project updates and regulatory developments
Sources: Hindustan Times, MSN India, Square Yards, WealthWisher Financial Planner and Advisors, Andromeda Sales and Distribution
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