Possession & Delay Claims
Delayed possession erodes the very purpose of investing in real estate. Raizada Law Associates steers home‑buyers and investors through the full arsenal of legal remedies—RERA, consumer fora, civil courts and insolvency benches—to secure either keys or compensation without further delay.
We provide exclusive focus on possession, refund and delay‑interest claims
Simultaneous RERA complaints, NCDRC proceedings and IBC filings force errant developers to the negotiating table.
We have secured orders worth crores in interest/refund for individual clients.
Our Services
RERA Complaints & Appeals
Section 18 claims for refund or monthly interest (SBI MCLR + 2 %) before State Authorities and Appellate Tribunals.
Consumer Court Litigation
District, SCDRC and NCDRC petitions seeking possession, refund, and damages for mental agony under the Consumer Protection Act 2019.
High Court & Supreme Court Writs/Appeals
Challenges to adverse RERA orders or builder stay petitions; special‑leave petitions for enhanced compensation.
Insolvency (IBC) Home‑Buyer Claims
Filing Form ‘CA’ claims, voting in CoC, and recovery in resolution/liquidation where the developer is admitted to CIRP.
Execution & Recovery
Attachment of developer assets, garnishee orders on escrow accounts, and contempt motions to enforce decrees.
Arbitration & Mediation
Fast‑track settlement or specific‑performance arbitration when builder agreements contain ADR clauses.
Title & Compliance Audits
Pre‑litigation due‑diligence to assess feasibility of refund vs. possession strategies.
Why Choose Raizada Law Associates for Possession & Delay Claims
Our expertise in possession and delay matters ensures strategic solutions to protect your property rights and enforce timely delivery.
Statute‑specific mastery
Dedicated vertical tracks amendments, circulars and interest‑rate notifications under RERA and CP Act, ensuring pleadings always cite the latest benchmark rulings.
End‑to‑end enforcement
From obtaining the order to attaching the builder’s bank accounts, our in‑house execution cell prevents “paper victories.”
Time‑compressed filings
We file within 48 hours of document receipt, beating the statutory six‑month RERA disposal goal—critical amid rising backlogs.
Meet Our Team
We bring a wealth of knowledge and a passionate commitment to every case. We’re not just attorneys; we’re advocates who believe in making a difference in our clients’ lives.
FAQS of Possession & Delay Claims
At a minimum, interest at SBI’s highest MCLR + 2 % on every instalment from the promised delivery date until actual handover or refund. Courts have affirmed this as the floor, even if your agreement says less.
Yes. Bombay HC (March 22 2024) confirmed that an allottee may accept possession and later file for delay interest under Section 18.
Absolutely. The Supreme Court (March 27 2025) held that buyers cannot be forced to accept possession after inordinate delay and may opt for refund with interest.
Builder‑buyer agreement, payment receipts, email/WhatsApp correspondence, promised possession schedule, and any project brochures or sanction plans—preferably as scanned PDFs for immediate e‑filing.
Legal Help for Possession & Delay Claims – Book a Consultation in Delhi
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