Homebuyers Staying in Delayed Projects Cannot Claim Compensation: Haryana RERA Clarifies

What Haryana RERA Said in the BPTP Case

In a landmark ruling, the Haryana Real Estate Regulatory Authority (RERA) has clarified that homebuyers staying in delayed projects cannot claim compensation. The case involved BPTP Ltd, where buyers sought delay compensation despite continuing in the same project.

RERA dismissed the claim, citing that Rule 15 of the Haryana RERA Rules bars relief for buyers who opt to remain in possession of delayed homes. Instead, it permits such buyers only to seek interest for delay, not compensation.

Haryana RERA ruling: No compensation for homebuyers who choose to stay in delayed projects| Prime 8 Legal, Gurgaon

Why Buyers Cannot Claim Compensation if They Stay

Section 18(1) of the Real Estate (Regulation and Development) Act, 2016, allows compensation for buyers if a builder fails to deliver possession on time — provided the buyer withdraws from the project.

However, if a buyer remains in the project, their rights are limited to interest for the delay, not full-fledged compensation. This principle was firmly upheld in the recent BPTP case.

Legal Advice for Delayed Project Compensation

If you're uncertain about whether to exit a delayed project or stay and claim interest, consult a qualified legal advisor before taking action. Making the wrong move could forfeit your right to future compensation or refund.

How Prime 8 Legal Can Assist You

At Prime 8 Legal, our team has successfully represented homebuyers in complex RERA and real estate compensationcases across Delhi NCR, India, and globally. Whether you're a resident or an NRI from Dubai, the UK, the US, or Australia, we offer strategic legal counsel on:

• Delay compensation

• Interest claims

• Builder default litigation

• Project exit and refund options

FAQs

Q1: Can homebuyers still claim compensation if the project is delayed?

A: Only if they choose to withdraw from the project. If they stay, they may be eligible only for interest, not compensation.

Q2: What did Haryana RERA decide in the BPTP case?

A: Haryana RERA ruled that homebuyers staying in the delayed BPTP project could not claim compensation, aligning with Rule 15.

Q3: What are the legal rights of homebuyers under RERA?

A: Under Section 18 of RERA, buyers can claim compensation or interest based on whether they opt out or stay in the project.

Q4: What should NRIs or foreign investors do in case of a delayed property?

A: Consult a real estate lawyer to evaluate your options for refund, compensation, or legal action — especially before taking possession.

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