Last Updated on March 16, 2026 by Satish Mishra

Yes, a RERA case can be filed even after taking possession of a property, primarily for delays in delivery, defects in construction, or deviations from the sanctioned plan. While you cannot seek a refund for delayed possession if you have already taken over the unit, you can still claim interest for the period of delay and compensation for structural defects.

Key Aspects of Filing RERA Cases Post-Possession:

Compensation for Delay: Buyers can claim interest at the prescribed rate for the period between the promised possession date and the actual date of delivery, even if they have already moved in.
Defects and Deviations: Under Section 14 of RERA, complaints can be filed within 5 years of possession for structural defects or any deficiency in the project regarding plans, designs, and specifications.
Common Areas and Amenities: If the builder fails to provide promised amenities (clubhouse, green areas) or finishes common areas, a complaint can be filed to ensure compliance, as seen in this Legalseva.net article.
Procedures: You must file the complaint with the respective state’s Real Estate Regulatory Authority, detailing the violations and attaching the agreement to sale.
Important Caveat: If you have already accepted possession without protest or penalty clauses, a developer might argue that the contract is fulfilled, but the right to compensation for illegal delays remains actionable, say experts on Kaanoon.

When NOT to Take Possession:

Do not accept possession if a valid Occupation Certificate (OC) has not been issued, as taking possession without it can limit your legal standing in certain cases.

Post covers RERA Case After Delivery of Possession wherein complainant alleges builder has done acts in violation of Section 14. Also case pending before High Court Chandigarh.

The case was dismissed since the complainant failed to led evidence that showed deficiencies on part of builder. The complaint was filed before the regulatory authority by the complainant but the allegations that he made had no substance and evidence regarding the construction and all the things. Thus the authority dismissed the case.

Also Read- Complaint GC No. 1399/2019 – RERA Punjab

CASE TITLE: KARANPREET SINGH CASE

FACTS OF THE CASE

The present complaint has been filed by the Karanpreet Singh Sandhu. He booked a flat in the respondent’s housing scheme. The allotment letter was issued on 09.03.2019 and the possession was offered on 03.05.2019 and he took the possession on 09.05.2019. the complainant filed a complaint alleging that the conditions that were mentioned in the agreement were not being followed like the club house was not of the said size, three storey building was of only two storeys before b block, green belt was encroached by the construction site etc., Based on these complaints he sought the relief. The complainant filed a complaint demanding that the respondent had violated sec. 14 of RERA and the interim order should be passed to stop the illegal construction. The court granted the order and appointed a local commissioner for the same. The respondent filed a counter complaint in the higher authority.

Also Read- Delay in Possession Complaint to Rera Punjab

ARGUMENTS ADVANCED

COMPLIANANT’S ARGUMENTS

The counsel for the complainant reiterated the same allegation made in the complaint in the court before the authority. He also agreed that after the interim order the respondent has not done any illegal construction. He made the vague argument that the respondent should stick to the original plan of the layout of the housing scheme. He also told that he apprehended that the respondent would do the illegal construction. He futher sought that the respondent should carry out maintenance charges without asking for the maintenance charges while the project is incomplete.

Also Read- Legal Notice Before Rera Case for Any Deficiency

RESPONDENT’S ARGUMENTS

The counsel from the respondent’s side argued that the respondent has not made anything illegal. The revised plan of the layout was submitted to the authority and the approval for it is pending before the Punjab and Haryana High Court. He also further averred that the complainant has filed another complaint by this father which is also pending in the Punjab and Haryana high court and many other complaints to cause mental harassment to the respondent. He also clarified the doubt on the place of the club house. he also further argued that the complainat has not mentioned these deficeinecy while taking the possession of the house and the possession was given before the agreed date.

Also Read- Consumer Case After taking Possession

FINDINGS OF THE COURT

The court held that they were no evidence presented by the complainant for the shortcomings. The complainant had already taken the possession so they need to pay the maintenance charges for the water, electricity etc supply u/s 19 of the RERA Act. Further the interim order was issued by the court and the matter is till pending in the Punjab and Haryana high court.

CONCLUSION

The court disposed the case on the basis that there was no sufficient evidence on the side of the complainants. The complaint is dismissed but the restrain order is still in order till the competent authority passes further order.

Post Written by – Research Team of LegalSeva (LawFirm) of Satish Mishra Advocate. Responses from Google’s AI Overview included in Post.

Disclaimer: This is for informational purposes only. Consult a qualified lawyer for advice specific to your case.

For case specific advice, please connect with Top Best Expert Legal Consultants Attorneys in Real Estate/Property Estate/Consumer Court and Consumer Protection Dispute/ Consumer Grievances and Complaints/RERA Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.