Interest for flat delays can be claimed even after possession

Q: My friend filed a complaint in MahaRERA for claiming interest for the delayed possession of the flat. However, MahaRERA has dismissed this complaint on the ground that it was filed after receiving the occupancy certificate.

- Adv Shirish V Deshpande

The complainant had booked the flat on November 2, 2020, and the promised date of possession was December 31, 2022. The complainant received possession on May 11, 2024, and soon filed a complaint with MahaRERA, claiming interest and compensation. The dismissal order reads: “Any grievance of delayed possession must be raised before the date of completion of the project and not on any future date chosen by the allottees. Any grievance raised later on account of delayed possession would clearly be stopped under section 18 of RERA.” Is the dismissal by MahaRERA correct? Is it true that interest for delay has to be claimed by the homebuyers before getting possession? Are the homebuyers prevented from claiming interest for the delay after taking possession of the flat? Can this order be challenged on appeal?

— Neha Joshi, Goregaon.