Updated 27 October 2026. We read the main reports on the ruling. This guide adds what they leave out: how to work out whether you are inside the three-year window, what a 'full and final settlement' letter means, the interest formula in Haryana and the documents to gather. We do not name the parties; the principle applies to any Gurugram buyer.

What did the High Court decide?

  • Possession is not a waiver: accepting possession does not end the Section 18(1) right to interest for each month of delay (PropNewsTime, 10 October 2026).
  • The conveyance deed is not the end of the matter: the court rejected the argument that executing the deed automatically ends the promoter–allottee relationship for delay-related claims (PropNewsTime).
  • No contracting out: the liability cannot be waived or reduced simply through contractual terms or because the buyer accepted possession (PropNewsTime).
  • The exception: according to Urban Acres' summary of The Indian Express report, a developer escapes the liability only where the buyer explicitly confirmed in writing that a smaller amount was accepted as full settlement (Urban Acres, 20 October 2026).
  • Buyers still have to prove the delay and meet procedural requirements (PropNewsTime).

Is there a time limit to claim delay interest after possession?

The RERA Act sets no specific limitation period for these complaints, but the court said an allottee cannot wait indefinitely. Where possession and the conveyance deed are both complete, three years from possession is ordinarily a reasonable period, and the period from 15 March 2020 to 28 February 2022 is left out of the count because of the Covid-19 disruption (PropNewsTime, 10 October 2026). The court treated this as a guide applied to the facts of each case, not a rigid cut-off, which is why it sent the cases back to HRERA (Urban Acres).

Worked examples: are you inside the window?

These are our arithmetic, applying the three-year guide and the Covid exclusion as reported. They are illustrations, not legal advice; HRERA decides each case on its facts.

  • Possession on 1 November 2023: entirely after the Covid window, so three years runs to about 31 October 2026. A buyer in this position should act now.
  • Possession on 1 January 2021: inside the excluded period, so the count starts on 1 March 2022 and three years runs to about 28 February 2025. That buyer is already past the ordinary period and would need to show why the delay in filing was reasonable.
  • Possession on 1 January 2019: about 14.5 months ran before 15 March 2020, the clock paused, then the remaining 21.5 months or so ran from 1 March 2022, ending around mid-December 2023.

How much interest can a Gurugram buyer claim?

Section 18(1) of the RERA Act requires the promoter to pay interest for every month of delay until possession is handed over, at the rate prescribed by the state. Haryana's rules (Rule 15 of the Haryana Real Estate (Regulation and Development) Rules, 2017) set that rate at the State Bank of India's highest marginal cost of lending rate plus 2%. The actual percentage therefore moves with SBI's MCLR on the date the order is made, so check the rate HRERA applies in its current orders rather than relying on an old figure.

The period of delay normally runs from the possession date promised in the agreement, as extended by any grace period the agreement allows, to the date possession was actually offered. Whether a grace period applies is one of the points HRERA examines case by case.

Did you sign a 'full and final settlement' at possession?

Many possession packs include an indemnity, an undertaking or a no-claims letter. The ruling as reported says such contractual terms cannot by themselves waive the statutory right; the narrow exception is an explicit written acceptance of a smaller amount as full settlement (PropNewsTime; Urban Acres). Read what you signed carefully: a general undertaking is different from a letter accepting a specific compensation amount in full settlement. If you signed under protest, our earlier guide on HRERA's conveyance-deed rulings explains why that wording helps.

Documents to gather before filing with HRERA

  • Builder-buyer agreement or allotment letter showing the promised possession date and any grace period.
  • Payment receipts and the final statement of account.
  • Offer-of-possession letter, possession certificate or handover letter with dates.
  • The executed conveyance deed, and any undertakings, indemnities or settlement letters signed at possession.
  • Correspondence in which you raised the delay, especially anything dated before possession.
  • The project's HRERA registration page showing the registered completion date.

What happens next

HRERA now has to apply the ruling to each remanded case, with buyers directed to appear on 16 October 2026 and the cases to be disposed of within four months (Urban Acres, 20 October 2026). We have not seen a report of what happened at that hearing. A further appeal is possible; a High Court ruling of this kind guides HRERA unless it is changed on appeal.

Homes and guides on Property Point