Why the dream turns risky
Homeownership remains the biggest financial goal for most Indian families, yet delays, poor construction and broken promises continue to derail that dream. Even after RERA’s 2016 rollout, uneven enforcement means buyers in many states still face possession delays, legal limbo and costly disputes.
What recent cases show
From Gurugram’s Ansal Estella to Greater Noida’s Supertech Ecovillage, families have paid 90-95 percent and still waited years. Some moved into “fit-out possession” without an Occupancy Certificate (OC), relying on tankers and diesel generators, facing unsafe conditions and legal uncertainty. Others received keys but couldn’t register their flats because dues and approvals weren’t cleared.
Where RERA helps—and where it fails
RERA mandates project registration, escrow safeguards and buyer remedies like refunds with interest for delays. On the ground, however, orders can be slow to enforce and appeals can stretch timelines. Protection exists on paper; execution varies by state and case load.
Due diligence that actually works
Start on the state RERA website. Confirm the project’s registration number, approvals, timelines and complaints. Check the developer’s past deliveries and pending cases. Match brochure claims with the documents uploaded on the portal—clubhouses, open areas and parking should tally with sanctioned plans.
Never accept “fit-out possession”
Without an OC, a building isn’t legally complete. Utilities can be cut, insurance is hazy, resale and transfer get messy, and in extreme cases demolition risks arise. If the project can’t secure an OC, seek remedies rather than moving in.
How to use RERA the right way
If you must complain, file on the state portal with your agreement, payment proofs and correspondence. Know the relief you want—refund with interest, delayed-period interest, or defect liability within five years of handover. Track hearings and follow up on execution if an order is granted.
Watch for quality red flags
Seepage, damp walls, flooding basements and failing HVAC show up quickly in rushed builds. Commission an independent snag and structural inspection before possession. Document defects and push for rectification within the defect-liability window.
Read the agreement—every page
The sale agreement lays out obligations, timelines, penalties, and what exactly will be delivered. Look for one-sided clauses, force-majeure overreach, amenity downgrades, and hidden phases that split promised facilities. If language is dense, ask a real-estate lawyer to translate it into plain terms.
Run the finance check
Scan MCA filings and public disclosures for the developer’s leverage and cash stress. Be wary of subvention-style arrangements and any “too good to be true” payment plans; RBI has cracked down for a reason. Budget for ongoing costs—maintenance, sinking fund, and realistic utility tariffs—before you book.
The legal must-haves
Verify land title and encumbrances. Understand if the project is joint development, redevelopment or branding—each affects control and accountability. Confirm approved land use, setback norms, and proximity to high-tension lines, drains and buffer zones. Keep every receipt and site-visit record.
The bottom line
RERA brought transparency, but enforcement gaps persist. Your best defence is prevention: check the portal, vet the builder, read the contract, insist on the OC, and get independent inspections. Do these ten checks before you commit your life’s savings—and you’ll avoid learning hard lessons in court later.
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