The man had booked a flat in Antriksh Golf View in Noida's Sector 78 in 2010 and was promised possession in 2012. (Express Photo)At 32, Shyam Sunder Agrawal planned to buy his first home — a permanent address close to his office, with a school nearby for his three-year-old child.On April 30, 2010, the government official from Delhi’s Paschim Vihar booked a 3BHK flat for Rs 43 lakh at Antriksh Golf View in Noida’s Sector 78. He was promised possession by 2012, and he expected the move to be a fresh start for his family.“My friends came across this property… I checked it out and I liked it. I could reach my office in just 20-25 minutes,” said Agrawal, now 48.But the flat was handed over only in March 2017, according to court records.Owing to the delay, he and his family moved into a rented house in Vasant Kunj, paying Rs 40,000 a month as rent while continuing to pay the home loan EMI of Rs 20,000.And when the flat was finally handed over, Agrawal said, it was still incomplete as it had no occupancy certificate and other necessary documents. “Then I asked for the possession certificate and penalties for delay, but they refused,” he claimed.He initially tried to resolve the matter amicably but eventually approached the courts. In 2019, he filed a complaint before the Regulatory Authority seeking a refund of around Rs 4 lakh.Story continues below this adLast month, nearly seven years after he filed the complaint, the Lucknow bench of the Allahabad High Court upheld his right to seek compensation for the delay. The court held that accepting possession of a delayed flat does not take away a homebuyer’s right to claim compensation.It said Agrawal’s claim for interest for every month of delay until possession was maintainable under the proviso to Section 18(1) of the Real Estate (Regulation and Development) Act.The caseIn 2024, the Real Estate Appellate Tribunal ruled in Agarwal’s favour and said the project was delayed and the homebuyer did not lose his right to claim compensation.It had observed that Agrawal was entitled to the interest for the delay in completion of the project for the period from December 2012 — the date of handing over physical possession — until March 2017 at a rate 1% point above the Marginal Cost of Funds-based Lending Rate (MCLR). This is the minimum interest rate that a bank in India can charge for a loan.Story continues below this adThe builder challenged the May 13, 2025, judgment passed by the Uttar Pradesh Real Estate Appellate Tribunal (UP REAR) in the HC’s Lucknow bench.The builder had cited a National Green Tribunal order, arguing that in 2013, it had restricted development activity within a 10-km radius of the Okhla Bird Sanctuary. Antriksh Golf View was within this radius.However, the High Court, in its order issued on September 23, ruled that the date of possession was in 2012 while the NGT order came in effect in 2013. It also said construction was completed in 2014 and the Occupancy Certificate was applied for in the same year before the authority concerned.V K S Bisen, who represented Agrawal before the Tribunal, said similar cases keep coming up, involving issues such as RERA registration, delays in possession and Occupancy Certificates, particularly as Noida expands rapidly and new projects are being built aggressively.Story continues below this adAlso Read | West Asia war hits Noida, Gurgaon real estate: Costs rise, projects delayedA home that became a retirement planAgrawal, meanwhile, said he had little choice but to accept the flat when it was finally handed over. Protesting back then was not an option, he said.“If you don’t pay, the builder won’t give you possession, he can cancel it. So, I was helpless… It was mentally harassment… but, ultimately the truth prevailed,” he said.The delay had been difficult to understand at first. “As the handover date neared, I used to go and visit the site and we were relieved when we saw ongoing construction work every time.”“This delay was not expected, the long-drawn process starts affecting you. Some homebuyers do not even wish to take the legal route,” he added.Story continues below this adThe family has also continued living in Vasant Kunj and will shift to their Noida home post retirement. “I cannot change my child’s school now… We also know people here now. My office is nearby. We’ll now shift post-retirement,” Agarwal said.