Homebuyers facing long delays in real estate projects cannot claim compensation beyond the legally prescribed interest for the delay period, the Punjab RERA has clarified in a recent order.
The regulator stated that while developers are obligated to pay interest for delays in handing over possession, buyers are not entitled to additional monetary compensation unless they can prove specific financial losses caused by the delay.
What the RERA Order Said
Punjab RERA observed that the Real Estate (Regulation and Development) Act, 2016, clearly defines the relief available to homebuyers in delayed projects. According to the law, interest payable for the period of delay is considered adequate compensation unless exceptional circumstances are established.
The authority rejected the buyer’s demand for extra damages, noting that general inconvenience, mental stress, or prolonged waiting cannot automatically translate into additional compensation under RERA provisions.
Interest Is the Only Statutory Relief
Under Section 18 of the RERA Act, a homebuyer has two clear options in case of delay:
Withdraw from the project and claim a full refund with interest, or
Continue with the project and receive interest for every month of delay until possession is handed over
Punjab RERA emphasized that these remedies are exhaustive unless the agreement for sale explicitly provides for higher compensation.
Burden of Proof on Homebuyers
The regulator also highlighted that buyers seeking compensation beyond interest must submit documentary evidence of actual losses, such as higher rent payments, loan penalties, or other quantifiable financial damage. In the absence of such proof, no additional relief can be granted.
Impact on Homebuyers and Developers
This ruling reinforces a growing trend among RERA authorities to strictly interpret the Act, offering certainty to developers while limiting discretionary compensation claims. For homebuyers, it underlines the importance of carefully reviewing builder-buyer agreements and maintaining records of any financial losses arising from delays.
Key Takeaway
While RERA continues to protect buyers against project delays, compensation is largely restricted to interest for the delay period, unless buyers can clearly demonstrate specific financial harm beyond the delay itself.
