Notifications
Clear all

The builder has delayed possession of my flat in Patna. What can I do?

2 Posts
2 Users
0 Reactions
21 Views
Posts: 1
Topic starter
(@Rehan Qureshi)
Joined: 1 month ago
[#1229]
I booked a flat in Patna and the builder has significantly delayed handing over possession beyond the agreed date. Can I file a complaint under RERA or seek compensation?

1 Reply
Posts: 2689
(@advocate-mudit-pratap)
Member
Joined: 2 months ago

Builder delay is a significant and growing problem in Patna's residential property market, particularly in the fast-developing corridors along Bailey Road, Boring Road, and the NH-30 Danapur stretch where a large number of apartment projects have been registered with Bihar RERA. The law is firmly and unambiguously on the buyer's side, and you have a strong, structured legal remedy.

Your most direct and powerful route is a complaint before Bihar RERA (Real Estate Regulatory Authority, Bihar) under Section 18 of the RERA Act 2016, filed online at rera.bihar.gov.in. Under this provision, if a builder fails to hand over possession by the date specified in the registered sale agreement, you are entitled to choose between two remedies: a full refund of all amounts paid with interest at SBI MCLR plus 2% calculated from the date of each payment, or continued monthly interest on the amounts paid until actual possession is delivered. The Supreme Court confirmed in M/s Newtech Promoters and Developers v. State of Uttar Pradesh (2021) that this right is absolute — the builder cannot use construction delays, force majeure, or pending approvals as a defence. As of August 2025, Bihar RERA permits complainants to bypass the earlier compulsory conciliation step and proceed directly to the RERA bench, making the process faster. The Bihar RERA office is at 6th Floor, Bihar State Building Construction Corporation Campus, Hospital Road, Shastri Nagar, Patna 800023, and the complaint filing fee is ₹1,000.

Where the builder is unregistered with RERA, a complaint before the Consumer Forum under the Consumer Protection Act 2019 or a civil suit for specific performance before the Patna civil courts are available alternatives. Keep your complete paper trail — allotment letter, every payment receipt with date, the registered agreement for sale showing the agreed possession date, and all written communications with the builder — because these documents are your entire case before any forum. The RERA and property advocates at the Patna panel of Aapka Legal Advice can evaluate which forum best fits your situation and file the complaint efficiently.


Reply
Share: