How to File a Possession-Delay Claim Under RERA Section 18 in Bihar (2026 Guide)

Bihar buyers facing possession delay can claim interest at SBI MCLR + 2% under Section 18 of the RERA Act, 2016. File at Bihar Real Estate Regulatory Authority for ₹1,000 per complaint. Statutory disposal target 60 days. Brickplot is independent — no builder commissions.

Section 18 — what it actually says

Section 18 of the Real Estate (Regulation and Development) Act, 2016 is the single most important provision for an allottee whose possession has been delayed. The structure is binary: if the promoter fails to complete or is unable to give possession by the date specified in the registered agreement for sale, the allottee may either (a) withdraw and demand full refund + interest at the prescribed rate, or (b) continue with the project and claim monthly interest until offer of possession.

The "prescribed rate" under RERA Rules of every state is SBI MCLR + 2 percentage points. The Supreme Court in Newtech Promoters & Developers Pvt Ltd v. State of UP (2021) held the Section 18 right is absolute and cannot be diluted by force-majeure clauses, "grace periods", or contractual waivers. Binding on every state RERA, including Bihar Real Estate Regulatory Authority.

Bihar-specific filing process at Bihar Real Estate Regulatory Authority

1. Register on the portal. Visit https://biharrera.gov.in/ ↗. KYC via Aadhaar + PAN; for NRIs, passport + OCI/PIO card.
2. Open the complaint form. Direct link: https://biharrera.gov.in/complaint ↗. Select "Complaint Against Promoter" and "Section 18 — possession delay".
3. Pay filing fee. ₹1,000 per complaint.
4. Upload document set (see next section).
5. Specify your relief. Section 18(1)(a) (exit + refund + interest) or Section 18(1)(b) (continue + monthly interest).
6. State-specific quirk. Bihar has a large informal land market. A significant number of promoters advertise in Patna, Muzaffarpur, and Gaya corridors falsely claiming "RERA approved" without actual registration. Buyers should verify on the official biharrera.gov.in portal before paying any token money — an unregistered project has no RERA Section 18 protection.
7. Tribunal address: Bihar RERA Office, 5th Floor, Vikas Bhavan, Bailey Road, Patna 800015.

What to attach to your complaint

• Allotment letter showing unit number, area, agreed possession date.
• Sale agreement / Builder-Buyer Agreement (registered where stamp-duty rules require).
• Every payment receipt + matching bank statements showing the debit.
• Bank loan sanction + disbursement schedule if you took home-loan finance.
• Possession-promise communications — emails, SMS, WhatsApp, ads, presentation PDFs.
• RERA registration certificate downloaded from the Bihar RERA portal — registered possession date is the legal benchmark.
• The latest QPR filed by the promoter on the portal.
• Calculation sheet showing principal paid, dates of each payment, interest at SBI MCLR + 2% claimed up to filing.

How interest is calculated

Worked example for Bihar: principal ₹50 lakh, original possession date 1 January 2024, complaint filed 1 July 2025 (18-month delay), SBI MCLR + 2% ~10.5%/yr → interest payable ~₹7.88 lakh, accruing monthly until offer of possession or refund.

Two practical notes. First, interest accrues from the original registered possession date, not from any "extended" date the developer claims unilaterally. Second, every state RERA — including Bihar Real Estate Regulatory Authority — has consistently rejected developer attempts to substitute the lower base rate or cap interest at the BBA-stipulated penalty.

Bihar RERA tribunal hearing process

Bihar RERA conducts physical hearings in Patna. Video-conference available. Sequence: (1) registry scrutinises within 7–14 days; (2) Bihar Real Estate Regulatory Authority issues notice to promoter, who must file reply within 21–30 days; (3) cause-list published; (4) matter heard across 2–4 hearings if developer raises factual disputes; (5) reserved judgment, then order. Bihar RERA averages 6–12 months; enforcement strengthened significantly from 2023.

If aggrieved, appeal lies before Bihar Real Estate Appellate Tribunal (BREAT), Patna. within 60 days. The appellate tribunal can stay the order only on developer pre-depositing 30% of awarded amount — preventing frivolous appeals.

Notable Bihar judgments worth citing

Bihar RERA issued Section-18 orders and cease-and-desist notices on several Patna Baily Road and Kankarbagh corridor developers in 2022–2024 where possession slipped 20–40 months. The Authority also issued penalties for pre-launch advertising without registration.

A 2025 Bihar RERA order against a Patna East Boring Canal Road project found the developer had sold 80% of units but completed only 25% of construction. Bihar RERA directed refund-with-interest at MCLR + 2% to all allottees electing exit under Section 18(1)(a) and issued a Section 7 show-cause to the promoter for project de-registration.

Beyond Bihar-specific orders, every Section 18 complainant should cite Newtech Promoters & Developers Pvt Ltd v. State of UP & Ors, 2021 SCC OnLine SC 1044. The 3-judge SC bench held: (i) RERA applies retrospectively; (ii) Section 18 confers an absolute right; (iii) generic force-majeure pleas (including Covid-stretches) cannot defeat Section 18; (iv) the state RERA has full jurisdiction. Binding on Bihar Real Estate Regulatory Authority.

Common mistakes that derail claims

• Missing payment receipts. Reconcile with bank statements at filing time and attach both.
• Weak possession evidence. Anchor to the registered agreement date, not the brochure.
• Wrong tribunal jurisdiction. Filing at the wrong bench or wrong state.
• Naming the wrong respondent. The respondent is the registered promoter on the RERA portal, not the holding company or brand.
• Missing limitation framing. File once you are 6 months past the registered date and developer has not offered possession.

Frequently asked questions

Related Brickplot resources

• RERA Explained — full guide to the Act
• Bihar RERA — projects and registrations
• The Brickplot 11-axis Score
• Possession-delay claim — Karnataka
• Possession-delay claim — Maharashtra
• Possession-delay claim — Telangana
• Possession-delay claim — Tamil Nadu
• Possession-delay claim — Haryana