Delayed possession compensation after registry: Punjab and Haryana HC protects Gurugram buyers
A reported Punjab and Haryana High Court ruling says taking possession or signing a conveyance deed does not by itself erase a homebuyer’s statutory claim for delayed-possession interest. The same ruling says such complaints must still be filed within a reasonable period—ordinarily three years from possession in the circumstances examined.
The reported ruling covers 47 appeals involving Gurgaon Greens
A Times of India report published on 8 October 2026 says the Punjab and Haryana High Court decided a batch of 47 appeals filed by Emaar India against homebuyers in Gurgaon Greens, Sector 102, Gurugram. Justice Jagmohan Bansal reportedly held that accepting possession of a home or executing its conveyance deed does not, by itself, waive the buyer’s statutory right to seek interest for delayed possession under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016. The ruling concerns the legal effect of possession and conveyance; it should not be read as an automatic award for every delayed project.
Section 18 gives a continuing buyer a monthly-delay interest remedy
The official text of Section 18 distinguishes two broad situations. A buyer who withdraws because the promoter failed to complete or give possession in accordance with the agreement may seek return of the amount with prescribed interest and compensation. A buyer who does not withdraw is entitled to prescribed interest for every month of delay until possession is handed over. The High Court’s reported reasoning is that this promoter liability is statutory and is not automatically reduced merely because the buyer later accepted the home.
A conveyance deed is not the same as a written waiver or final settlement
The report says the court rejected the broad argument that execution of a conveyance deed necessarily ends the relationship and bars a later RERA interest claim. It also noted that Section 18 does not contain a provision comparable to the express mutual reduction mechanism applicable to an allottee’s interest liability under Section 19(8). However, the court reportedly left open the possibility of an exceptional case where a buyer voluntarily and knowingly accepted a lower amount in full and final settlement. The wording, consideration and surrounding correspondence of any settlement therefore remain important.
The court also applied a reasonable-period limitation test
The same ruling does not allow complaints to be filed indefinitely. According to the report, where possession has been taken and a conveyance deed executed, three years from possession would ordinarily be a reasonable period for filing a complaint under Section 31, while recognising that no rigid formula fits every case. It reportedly directed exclusion of the Supreme Court’s Covid limitation period from 15 March 2020 to 28 February 2022 when the calculation applies. Buyers should obtain case-specific legal advice because the starting date, exclusions, acknowledgements and procedural history can change the result.
The Gurgaon Greens example shows why the dates matter
In the example described in the report, the April 2013 buyer agreement required possession by 16 November 2016. The occupation certificate was obtained in May 2019, possession was handed over in December 2019 and the conveyance deed was executed in February 2020. The buyer approached Haryana RERA in September 2022 and had been awarded 11% interest for delay. These figures belong to the reported case record; they are not a standard interest rate or deadline for every Gurugram project.
Partial payment may not close a larger statutory claim
The High Court reportedly noted that Emaar had paid about ₹5–6 lakh in some matters where claimed liabilities exceeded ₹40 lakh. It held that, without a categorical written waiver or full-and-final settlement, such payment alone could not necessarily extinguish the statutory liability. A buyer considering a cheque, credit note, maintenance adjustment or settlement should obtain the complete calculation and understand every release clause before signing an acknowledgement.
The individual complaints return to Haryana RERA
The report says the appeals failed on the promoter’s broad argument that possession and conveyance eliminated the substantive delayed-interest right, but succeeded to the extent that limitation must be examined. The matters were remanded so Haryana RERA can decide complaint by complaint whether each filing falls within the reasonable period. The parties were directed to appear on 16 October, and the Authority was asked to endeavour to dispose of the matters within four months. A remand means the individual outcomes still require fresh determination.
Seven documents to collect before calculating a claim
Preserve the application and allotment letter; complete buyer agreement and promised-possession clause; payment ledger and receipts; occupation certificate and possession offer; actual handover record; conveyance deed; and every email, payment or settlement relating to delay interest. Build a dated chronology before calculating the delay. Then search the exact complaint, appeal or judgment on Haryana RERA and obtain advice on limitation, interest rate, exclusions and any waiver language before filing.
What a resale buyer should check
A registered conveyance deed proves an important stage in title transfer, but it does not disclose whether delay compensation was claimed, paid, waived or remains disputed. Ask the seller for the possession timeline, RERA orders, pending appeals and settlement documents. Record who retains any existing monetary claim after resale. Do not add a speculative compensation amount to the property valuation until the precise entitlement and procedural position have been independently verified.