Accepted Delayed Flat? You May Lose RERA Rights

A Mumbai family accepted their flat 2+ years late, then filed for RERA compensation — and lost. Accepting possession without a written protest can legally signal that you've waived your right to interest. Here's how to protect yourself.

Here's what happened: A Mumbai family accepted possession of their flat more than two years after the builder's promised date without registering any written protest at handover.. When they later filed a compensation claim with MahaRERA seeking interest for the delay period, the authority ruled against them — the silent acceptance weakened their case.. Under RERA, builders owe buyers interest at SBI MCLR + 2% for every month of delay, but this right can be undermined if possession is accepted without a formal objection on record..

What you should do: Write 'accepted under protest, rights reserved' on any possession letter you sign for a delayed flat — photograph it and keep a copy before handing it back.. File your MahaRERA or state RERA complaint BEFORE or simultaneously with accepting possession — do not wait months after taking the keys to start the process.. Calculate your entitlement: multiply the flat's agreement value by SBI MCLR + 2% per annum, divide by 12, and multiply by delayed months — this is the minimum interest the builder owes you..

Even after accepting possession, attach a letter to your RERA complaint explicitly stating you accepted under duress (e.g., expiring rent agreement) — adjudicating officers do give partial weight to documented financial compulsion.