Archive · 26 Jan 2026
Homebuyers Can Claim Interest For Delay Even After Occupancy
A homebuyer in Mumbai booked a flat that was supposed to be ready by the end of 2022.
However, there was a delay of three years.
The builder has now given the occupation certificate and offered possession, but the homebuyer wants interest on the amount paid due to the delay.
The builder says they don't have to pay interest now.
A legal expert says that according to the law (RERA), homebuyers can still claim interest even after the occupation certificate is issued.
The courts have also supported this.
The expert advises the homebuyer to insist on the interest and, if needed, file a complaint with MahaRERA to get the interest and a fine for the builder.
A homebuyer in Goregaon faced a 3-year delay in possession of a flat promised by December 31, 2022.
The builder offered possession after receiving the occupation certificate but refused to pay interest for the delay.
Legal expert advises that homebuyers can claim interest for delay even after the occupation certificate is issued.
Section 18 of RERA mandates payment of interest for delay, and there is no time limit for claiming it.
Courts have upheld the allottee's right to interest, and the builder's refusal can be challenged by filing a complaint with MahaRERA.
- Who
- Vilas Kulkarni, a homebuyer in Mumbai
- What
- Delay in possession of a flat and dispute over interest for delay
- When
- Promised possession date was December 31, 2022, with a 3-year delay
- Where
- Goregaon, Mumbai
- Why
- Builder claims no obligation to pay interest after issuance of occupation certificate, but legal expert advises otherwise
- Issue
- Delay in possession of a flat
- Promised Possession Date
- December 31, 2022
- Actual Delay
- 3 years
- Legal Reference
- Section 31 and Section 18 of RERA
- Builder's Claim
- No obligation to pay interest after OC issuance
- Legal Expert's Advice
- Homebuyers can claim interest even after OC issuance
- Court Ruling
- Bombay High Court and Supreme Court uphold allottee's right to interest
- Recommended Action
- File a complaint with MahaRERA for interest and fine