Don't make this mistake while taking possession of your flat, or you could face a huge financial loss..

Everyone in the city aspires to own a home, but purchasing one is a major undertaking. Often, people incur losses due to certain mistakes. In one instance, a family faced a delay of over two years in receiving their flat but failed to secure compensation from the builder. The reason cited was a critical oversight committed while taking possession of the property.

The case involves a flat near Mumbai valued at approximately ₹1.05 crore. The family had signed a sale agreement with the builder on February 25, 2022. According to the agreement, possession of the flat was to be handed over by June 30, 2022. However, the family received possession on March 15, 2025—a delay of more than two years. Although the family was entitled to compensation for this delay, they did not receive it.

**No Objection Raised at the Time of Possession**

The family later filed a complaint with MahaRERA regarding the delay and sought compensation, claiming they had suffered financial loss and mental distress. They demanded 18% annual interest on the payments they had made. According to the family, this amount totaled approximately ₹50.6 lakh up to March 15, 2025. However, the authority refused to award compensation, citing a mistake made by the family.

**Complaint Not Filed in Time**

A crucial factor for MahaRERA was that the family had not registered any formal objection regarding the delay at the time of taking possession, nor did they record any formal protest. According to reports, the family made a payment to the builder on March 10, 2025, but the builder allegedly did not provide a receipt. A few days later, on March 15, the family took possession of the flat. Notably, the builder had not even issued a formal possession letter by that time.

**Claim for compensation rejected**

MahaRERA stated that a complaint regarding delay cannot be raised long after accepting possession. According to the authority, the homebuyer should have registered their objection before accepting possession. The family also alleged that the builder failed to provide all the common areas and amenities specified in the sale agreement. However, the family could not present sufficient photographs, documents, or other evidence to substantiate these allegations before MahaRERA. Consequently, they received no relief on this ground either.

**What is the takeaway for homebuyers?**

This case offers a crucial lesson for homebuyers. If a builder delays handing over the flat and the buyer wishes to claim compensation or interest, it is vital to register an objection in writing at the time of taking possession. Carefully read the possession-related documents, keep photographs and videos of any deficiencies, and submit a written complaint to the builder. Also, preserve payment receipts and other essential documents; these records prove invaluable in the event of a legal dispute.

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