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

Gujarat buyers facing possession delay can claim interest at SBI MCLR + 2% under Section 18 of the RERA Act, 2016. File at Gujarat Real Estate Regulatory Authority for ₹1,000 per allottee complaint; ₹5,000 if filed by promoter. 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 Gujarat Real Estate Regulatory Authority.

Gujarat-specific filing process at Gujarat Real Estate Regulatory Authority

1. Register on the portal. Visit https://gujrera.gujarat.gov.in/ ↗. KYC via Aadhaar + PAN; for NRIs, passport + OCI/PIO card.
2. Open the complaint form. Direct link: https://gujrera.gujarat.gov.in/complaint ↗. Select "Complaint Against Promoter" and "Section 18 — possession delay".
3. Pay filing fee. ₹1,000 per allottee complaint; ₹5,000 if filed by promoter.
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. GUJRERA aggressively uses Section 38 deposit orders — requiring developers to deposit 50–100% of disputed amounts during pendency. This materially improves enforcement outcomes.
7. Tribunal address: Sahyog Sankul, Sector-11, Gandhinagar 382011.

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 GUJRERA 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 Gujarat: 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 Gujarat Real Estate Regulatory Authority — has consistently rejected developer attempts to substitute the lower base rate or cap interest at the BBA-stipulated penalty.

Gujarat RERA tribunal hearing process

GUJRERA hearings at Gandhinagar in hybrid mode; cause-list explicitly indicates whether each matter is in person or VC. Sequence: (1) registry scrutinises within 7–14 days; (2) Gujarat 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. GUJRERA averages 4–6 months — among the better-disciplined RERAs.

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

Notable Gujarat judgments worth citing

Savvy Group — South Bopal residential delay (2022): GUJRERA ordered interim deposit of ₹15+ crore, eventually converted to refund + interest at MCLR + 2%.

A 2025 GUJRERA order against a Surat residential developer found the promoter had failed to deposit 70% of buyer payments into the mandated escrow. GUJRERA directed immediate Section 38 deposit of ₹12 crore, ordered interest at MCLR + 2%, and forwarded the order to Income Tax Department for escrow-related TDS examination.

Beyond Gujarat-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 Gujarat 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
• Gujarat RERA — projects and registrations
• The Brickplot 9-axis Score
• Possession-delay claim — Karnataka
• Possession-delay claim — Maharashtra
• Possession-delay claim — Telangana
• Possession-delay claim — Tamil Nadu
• Possession-delay claim — Haryana