Delay in possession of residential or commercial property is one of the most common grievances faced by homebuyers in Chandigarh. With the enactment of the Real Estate (Regulation and Development) Act, 2016 (RERA), buyers now have a statutory remedy to address such delays. This article explores the legal framework under RERA, relevant provisions, procedural steps, and practical insights for filing a complaint for delay in possession in Chandigarh. It is designed to assist both law students and clients seeking guidance from property lawyers, RERA advocates, and civil property lawyers in Chandigarh.

Understanding RERA and Its Applicability in Chandigarh

What Is RERA?

The Real Estate (Regulation and Development) Act, 2016 was enacted to regulate the real estate sector, promote transparency, and protect the interests of buyers. It mandates registration of real estate projects and agents, and provides a grievance redressal mechanism through Real Estate Regulatory Authorities (RERAs) established in each state.

Applicability in Chandigarh

Chandigarh falls under the jurisdiction of the Punjab and Haryana RERA authorities. Buyers in Chandigarh can file complaints under:

  • Punjab RERA: https://rera.punjab.gov.in
  • Haryana RERA (for adjoining areas like Panchkula): https://haryanarera.gov.in

Legal Grounds for Filing a RERA Complaint for Delay in Possession

Section 18 of RERA: Right to Refund and Compensation

Section 18(1) of the Act provides that if the promoter fails to complete or hand over possession of the property as per the agreement, the buyer is entitled to:

  • Refund of the amount paid
  • Interest at prescribed rates
  • Compensation for loss incurred

This section is the cornerstone for legal action by property buyers in Chandigarh.

Section 31: Right to File a Complaint

Under Section 31, any aggrieved person may file a complaint with the RERA Authority or the Adjudicating Officer regarding violation of provisions of the Act or rules.

Section 38: Powers of RERA Authority

The Authority has powers to:

  • Summon and enforce attendance
  • Direct refund, interest, or compensation
  • Penalize promoters for non-compliance

Who Can File a RERA Complaint in Chandigarh?

Eligible Complainants

  • Individual homebuyers
  • Allottees of commercial property
  • Legal heirs of deceased buyers
  • Co-owners or joint owners
  • NRIs with property investments in Chandigarh

Common Scenarios

  • Delay beyond promised possession date
  • No offer of possession despite payment
  • Incomplete construction or missing amenities
  • Possession without Occupancy Certificate

Step-by-Step Procedure to File a RERA Complaint in Chandigarh

Step 1: Gather Documentation

  • Builder-buyer agreement
  • Payment receipts
  • Possession timeline
  • Correspondence with builder

Step 2: Drafting the Complaint

The complaint must include:

  • Details of the project and promoter
  • Nature of grievance
  • Relief sought (refund, possession, compensation)
  • Supporting documents

Step 3: Filing Online or Offline

  • Punjab RERA portal allows online filing
  • Physical submission at RERA office also permitted

Step 4: Hearing and Adjudication

  • Notice to promoter
  • Opportunity for both parties to present evidence
  • Final order with directions for refund, possession, or penalty

Remedies Available Under RERA for Delay in Possession

Refund with Interest

Buyers may seek refund of the entire amount paid along with interest under Section 18.

Compensation for Mental Agony and Financial Loss

Under Section 71, buyers may approach the Adjudicating Officer for compensation due to:

  • Mental harassment
  • Rental expenses
  • Loan interest burden

Enforcement of Possession

If the buyer prefers possession over refund, RERA may direct the builder to complete and hand over the property within a fixed timeline.

Timeframe and Limitation for Filing RERA Complaint

Limitation Period

There is no fixed limitation period under RERA, but complaints should ideally be filed within a reasonable time from the date of default.

Expected Timeline for Resolution

  • Initial hearing within 30–60 days
  • Final order within 90–180 days (subject to complexity)

Common Legal Challenges Faced by Property Buyers in Chandigarh

Builder Non-Compliance After RERA Orders

Despite favorable orders from Punjab or Haryana RERA, many builders in Chandigarh continue to delay possession or refund payments. This non-compliance forces buyers to initiate execution proceedings under Section 40 of the Real Estate (Regulation and Development) Act, 2016. Experienced RERA lawyers in Chandigarh often assist clients in enforcing these orders through legal channels, including attachment of builder assets or recovery proceedings.

Jurisdictional Confusion Between Punjab and Haryana RERA

Chandigarh’s unique geographic and administrative position leads to frequent confusion among buyers regarding the correct RERA authority—Punjab RERA or Haryana RERA. This ambiguity can delay complaint filing and weaken legal strategy. Consulting property lawyers in Chandigarh or civil property advocates helps clarify jurisdiction, especially for projects located near Mohali, Zirakpur, or Panchkula.

Incomplete Projects and Builder Insolvency

In cases where the builder abandons the project or declares bankruptcy, buyers face complex legal hurdles. RERA may not offer complete relief if the promoter is financially insolvent. Buyers may need to approach the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code (IBC), or file civil suits for recovery and possession. Civil property lawyers in Chandigarh and high court advocates play a crucial role in navigating these multi-forum disputes and protecting buyer interests.

Filing a RERA complaint for delay in possession in Chandigarh is a legally sound and effective remedy for aggrieved homebuyers. The Real Estate (Regulation and Development) Act, 2016 empowers buyers to seek refund, possession, and compensation through a structured and time-bound process. Whether you are a student studying property law or a client facing builder delays, understanding the provisions of RERA and engaging qualified RERA lawyers or civil property advocates in Chandigarh can make a significant difference in securing justice.

 

FAQs on Filing a RERA Complaint for Delay in Possession in Chandigarh

1. Can I file a RERA complaint if the builder has not registered the project?

Yes. Under Section 3 of the Real Estate (Regulation and Development) Act, 2016, registration of real estate projects is mandatory. If a builder operating in Chandigarh has failed to register the project, you can file a complaint with Punjab RERA or Haryana RERA for violation of statutory obligations. Many property lawyers in Chandigarh advise initiating such complaints promptly to safeguard buyer rights.

2. What is the rate of interest payable by the builder for delay in possession?

As per RERA rules, the builder is liable to pay interest at the rate equivalent to the State Bank of India’s highest marginal cost of lending rate plus 2%. This provision ensures financial accountability for delay. RERA advocates in Chandigarh often use this clause to calculate refund entitlements and strengthen compensation claims.

3. Can I file a RERA complaint if I have already taken possession but amenities are incomplete?

Yes. Even after possession, if the builder fails to deliver promised amenities—such as parking, clubhouse, or security systems—you can file a complaint under RERA. Civil property lawyers in Chandigarh frequently assist clients in such cases, especially when the builder’s conduct amounts to breach of agreement or misrepresentation.

4. Is legal representation mandatory in RERA proceedings in Chandigarh?

No. Buyers may represent themselves before the RERA Authority or Adjudicating Officer. However, engaging experienced RERA lawyers or civil property advocates in Chandigarh significantly improves the quality of complaint drafting, evidence presentation, and procedural compliance—especially in complex or high-value disputes.

5. Can I appeal against a RERA order in Chandigarh?

Yes. Under Section 44 of the RERA Act, you can file an appeal before the Real Estate Appellate Tribunal within 60 days of the order. If further relief is required, a writ petition may be filed before the Punjab and Haryana High Court. High court lawyers in Chandigarh are well-versed in appellate strategy and judicial review under RERA.