What changed in 2026?

On 24 July 2026, in Appeal No. 624 of 2022, the Appellate Tribunal set aside an Adjudicating Officer's award of ₹50,000 for delay, ₹1,00,000 for harassment and mental agony and ₹50,000 litigation costs. The buyers had stayed in the project, taken possession and a conveyance deed, and had already received delay possession charges. The Tribunal read Section 18(1) to mean that a buyer who stays has one remedy for the delay: interest from the due date to actual possession. It relied on a 2023 Uttar Pradesh tribunal decision to the same effect.

Five days later, on 29 July 2026, an HRERA Gurugram Adjudicating Officer dismissed a compensation complaint on the same reasoning. The buyers had already been awarded delay interest by the Authority, and the AO held there was no reason to allow separate compensation for the same cause of action. The order also cites a February 2026 Tribunal decision with the same finding.

Top-ranking pages on this question still list mental agony and litigation awards for buyers who stayed, citing older orders. In 2026 that is no longer a safe assumption.

Who can still claim compensation?

  • Buyers who withdraw and take a refund. Section 18(1) expressly gives them the amount back with interest 'including compensation'.
  • Buyers who suffer loss from defective title to the land, under Section 18(2). The Act says this claim is not barred by limitation.
  • Buyers hurt by the promoter breaching other obligations under the Act, rules or agreement, under Section 18(3), and claims linked to Sections 12, 14 and 19 (false advertisement, changes to sanctioned plans, and allottee rights). Section 71 sends all of these to the Adjudicating Officer.
  • Whether any of these heads succeeds for a buyer who stayed depends on facts that are separate from the delay itself. Get legal advice before filing.

How much compensation do refund buyers get?

There is no table. Section 72 tells the Adjudicating Officer to consider the disproportionate gain or unfair advantage the promoter made, the loss caused to the buyer, whether the default was repeated, and other relevant factors. Recent orders show the range:

  • Lost appreciation: in a February 2026 order reported by LiveLaw, the AO noted that average Gurugram housing prices rose nearly 160% between 1 January 2017 and 29 October 2024, presumed the buyers' money would at least have doubled in a similar project, and awarded about ₹40.16 lakh.
  • Mental agony: ₹1,00,000 in that February 2026 order. In a February 2024 order (Complaint No. 3068 of 2023), the AO found a ₹10 lakh claim excessive and awarded ₹2,00,000.
  • Litigation costs: ₹50,000 in both orders.
  • Interest on the award: 10.85% a year from the order date until paid, in the February 2026 order.
  • Claims without proof fail. In the 2024 order a claim tied to rising land rates per sq yd was rejected because the buyer did not adduce evidence.

Worked example: interest route vs refund route

Take a buyer who paid ₹1,00,00,000 and whose possession is 30 months late. The figures below use 10.95% (the Rule 15 rate after SBI's 15 October 2026 MCLR revision) and simple interest. They are illustrative, not a prediction of any order.

  • Stay in the project: 1,00,00,000 × 10.95% ÷ 12 = ₹91,250 a month × 30 = ₹27,37,500 of delay interest, and the flat. Under the July 2026 Tribunal ruling, no extra compensation for the delay.
  • Withdraw: refund of ₹1,00,00,000 plus interest under the Act's refund route, and a separate compensation claim before the AO, which in recent orders has ranged from ₹50,000 litigation costs to tens of lakhs for lost appreciation where proved.
  • What decides it: whether you want the home, how close the project is to an OC, and whether the promoter can pay. Interest you cannot collect is worth little, so read HRERA Recovery Certificate Gurugram: 2026 Steps to Get Paid before you choose.

Should I wait and decide later?

Be careful. The Tribunal's July 2026 order involved buyers who had already taken possession and a conveyance deed. Once you take the flat, the refund route is effectively closed. If you are unsure, decide before the offer of possession, and before filing, because your prayer in the complaint signals which route you are taking.

In the February 2026 order the AO rejected the argument that buyers had delayed seeking a refund, saying there can be no estoppel against law. That helped refund buyers. It does not reopen compensation for buyers who chose to stay.

Where do I file, and in what order?

  • 1. Refund or delay interest: file a complaint before HRERA Gurugram. See How to File a Haryana RERA Complaint in Gurugram: Process, Fee and Documents.
  • 2. Compensation: file a separate complaint before the Adjudicating Officer, who must be or have been a District Judge (Section 71). Compensation complaints are meant to be disposed of within 60 days, though they often take longer.
  • 3. Appeal: either side can appeal to the Haryana Real Estate Appellate Tribunal within 60 days of receiving the order (Section 44(2)). A promoter must pre-deposit under Section 43(5).
  • 4. Execution: if the order is not paid within 90 days, apply for execution and a recovery certificate.

Evidence that moves an Adjudicating Officer

  • Your agreement, payment record and the due date of possession
  • Proof of loss: rent paid while waiting, home-loan interest statements, quotes for comparable homes then and now
  • Market data for appreciation claims, such as published price indices for Gurugram
  • Correspondence showing repeated delay or broken promises (Section 72 counts repetitive default)
  • Medical or other records if claiming for mental agony

Does this apply to plots and builder floors too?

Yes. Section 18 covers an apartment, plot or building, so the same split between the interest route and the refund route applies to plotted developments and floors registered with HRERA. What differs is evidence: for a plot, the possession date and the development works (roads, water, sewer, power) promised in the agreement are what you prove the delay against.

How this fits with the rest of the buying process

For the delay interest calculation itself, see HRERA Delay Interest Gurugram 2026: Rate & How to Calculate. For the general options when possession is late, see Possession Delayed? What Buyers Can Do Under RERA. For buyers starting fresh, a home with an occupation certificate avoids this whole question; compare the trade-offs in Ready-to-Move vs Under-Construction in Gurgaon: The Honest Guide or browse Apartments Ready To Move, Gurgaon.