Updated 19 October 2026. We read the tribunal ruling as reported, a July 2026 tribunal decision on how mental-agony and rent claims are assessed, a June 2026 K-RERA order on amenities after handover, and the relevant sections of the Act. The page that has long ranked for this search is a 2019 report on unpaid awards; this guide explains the forum split, what to pay before possession, and how to appeal. Under our house rules we do not name the developers in these cases. This is general information, not legal advice.

What the tribunal decided on 29 September 2026

The case is Appeal No. (K-REAT) 114 of 2025, decided by Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N. (LiveLaw Biz, 14 October 2026).

  • The flat: a two-bedroom apartment in a Bengaluru project, priced at ₹33.50 lakh, with an agreement signed in September 2023 and possession due in April 2024 plus six months' grace.
  • K-RERA's order (18 July 2025): the buyer to pay outstanding dues of ₹2.45 lakh within 30 days; the developer to fix balcony-railing height and other major safety deviations, execute the sale deed and hand over possession within 15 days of payment.
  • The buyer's appeal claimed ₹10,75,684 for missing flat-level amenities, ₹3,61,884 in delayed-possession interest and ₹80,449 in rental loss.
  • The tribunal dismissed the appeal and upheld K-RERA's order.
  • During the appeal the buyer agreed to pay and register; the sale deed was executed and a copy produced on 27 July 2026.

Can a builder withhold possession until I pay the balance in Karnataka?

In this case, yes. The agreement made the last 3%, ₹1,00,500, payable on registration or possession, whichever came first. But the buyer owed ₹2.45 lakh, more than that final instalment, so the dues were not simply the last payment being held back against snags. K-RERA tied the developer's duty to hand over to the buyer paying, and tied the payment to the safety fixes being done first (LiveLaw Biz, 14 October 2026).

That matches the Act. Section 19(6) makes the allottee responsible for payments in the manner and time set in the agreement, section 19(7) makes the allottee liable for interest on late payment, and section 19(10) requires the allottee to take physical possession within two months of the occupancy certificate (RERA Act, 2016).

Should I pay the last instalment if the flat has defects?

Separate the two questions. What you owe is set by the payment schedule in your agreement; defects are a claim against the promoter. Withholding more than the contract allows can leave you as the party in default, as this case shows.

  • Reconcile your account first: ask for a statement of every demand and receipt, and match it to the payment schedule.
  • Inspect with a written snag list, dated and photographed. Note safety items, such as railing heights, separately.
  • Pay what is genuinely due under the agreement, in writing, and record your snag list in the same letter.
  • Ask for the occupancy certificate before handover. The two-month clock in section 19(10) runs from it.
  • After handover, section 14(3) still makes the promoter fix structural and workmanship defects you report within five years, free of charge and within 30 days; if not, you can claim compensation (RERA Act, 2016).

K-RERA, the Adjudicating Officer or the association: which forum for which claim?

  • K-RERA (the Authority): refund of money paid, interest for delayed possession, and directions to the promoter to comply with the Act and the agreement (LiveLaw Biz, 14 October 2026). In a 3 June 2026 order, K-RERA held that handing over possession does not end a promoter's obligations, and directed promised amenities to be completed and the land khata, corpus fund and maintenance accounts transferred to the association within 90 days (Business Standard, 14 July 2026).
  • Adjudicating Officer: compensation that needs an inquiry, under sections 71 and 72, such as mental agony, rent paid or the value of missing fittings (LiveLaw Biz, 14 October 2026).
  • Apartment owners' association or another competent forum: grievances about common amenities, per the tribunal.
  • K-REAT (the tribunal): appeals against orders of the Authority or the Adjudicating Officer, under section 44.
  • How to file a K-RERA complaint, step by step: How to File a Complaint in Karnataka RERA: 2026 Guide

Can I claim compensation for mental agony and rent under RERA?

Yes, before the Adjudicating Officer, but amounts are not automatic. Section 72 tells the officer to weigh any disproportionate gain to the promoter, the loss caused, whether the default was repeated, and other factors in the interest of justice (RERA Act, 2016).

In Appeal No. (K-REAT) 120 of 2025, decided on 8 July 2026, the tribunal held that mental-agony compensation cannot be awarded mechanically. It cut that award from ₹4 lakh to ₹2 lakh and rental-loss compensation from ₹11.87 lakh to ₹7.84 lakh, while upholding the buyer's right to delay compensation. The factors it listed: length of delay, whether the buyer paid both rent and EMIs, the promoter's conduct, the buyer's age and circumstances, and the hardship actually suffered (LiveLaw Biz, 3 August 2026). Keep rent receipts, EMI statements and the promoter's written assurances; they are your evidence.

For missing amenities specifically: Amenities Not Provided by Builder: K-RERA Orders 2026

How do I appeal a Karnataka RERA order?

  • Who can appeal: any person aggrieved by an order of the Authority or the Adjudicating Officer, to the Appellate Tribunal, under section 44(1).
  • Time limit: within 60 days of receiving a copy of the order; the tribunal may admit a late appeal if satisfied there was sufficient cause (section 44(2)).
  • Target: the tribunal is to try to decide an appeal within 60 days, recording reasons if it cannot (section 44(5)).
  • Use the appeal for what the original forum could decide. Here the tribunal held that detailed compensation claims belong before the Adjudicating Officer, not in an appeal from an Authority order.
  • Older context: by 2019 the Adjudicating Officer had passed 1,595 compensation judgments, and unpaid awards are recovered by the Revenue Department as arrears of land revenue (Deccan Herald, 28 December 2019).

Ready and nearing-possession homes: a handover checklist

If you are close to handover, the same checks apply anywhere: occupancy certificate, a reconciled account, a written snag list and a clear list of amenities due. The projects below are listed on our site as ready or nearing possession and are not connected to any case in this article.