Quick answer: Yes. Section 2(d) of RERA treats a resale buyer who takes over an allotment as an “allottee”, so a subsequent allottee can file a RERA complaint for delay, refund or defects. However, if you bought after the possession due date, tribunals usually start delay interest from the date the builder endorsed or acknowledged your transfer.
Many flats in Gurugram, Noida and Greater Noida change hands before the builder ever delivers them. When the project then stalls, the resale buyer asks one question: can I sue the builder? A RERA complaint by subsequent allottee is possible, but the date you bought the unit can change how much interest you receive.
Who Is a Subsequent Allottee Under RERA?
Section 2(d) of the Real Estate (Regulation and Development) Act, 2016 defines an “allottee”. The definition covers the original buyer. It also covers anyone who later acquires the allotment through sale, transfer or otherwise. A tenant does not qualify.
So, once the builder endorses the allotment in your name, you step into the original buyer’s shoes. You can then use Section 18 to claim interest for delay or a refund, and Section 31 to file a complaint.
Conversely, a seller who has already transferred the flat loses standing. In a 2024 order, the Haryana RERA dismissed a former owner’s delay-interest claim because she had sold the flat and no longer qualified as an allottee.
Key Case Law on a RERA Complaint by Subsequent Allottee
Laureate Buildwell Pvt. Ltd. v. Charanjeet Singh (Supreme Court, July 2021). In this appeal from the NCDRC, a three-judge bench rejected the earlier view in HUDA v. Raje Ram and Wing Commander Arifur Rahman Khan v. DLF Southern Homes, which had effectively barred interest for resale buyers. The Court held that a buyer of a delayed project may know of the delay, yet still expects delivery within a reasonable time. Relief therefore depends on the facts. The Court balanced the equities by awarding 9% interest from the date the builder learnt of, or acknowledged, the transfer.
Emaar MGF Land Ltd. v. Legal Heirs of Ved Prakash Ahuja (Haryana REAT, Appeal No. 609 of 2019, decided 19 December 2022). The buyers purchased on resale in April 2017, long after the 2011 due date. Applying Laureate Buildwell, the Tribunal granted delay interest only from the builder’s nomination letter.
Taken together, these rulings give a working rule. If you bought before the due date, you can usually claim from the due date. If you bought after it, expect interest to run from the endorsement or nomination date.
How Delhi, UP RERA and HRERA Practice Differs
HRERA Gurugram and the Haryana Tribunal apply the nomination-date rule most consistently. UP RERA and Delhi RERA accept complaints from transferees under the same Section 2(d) definition. Still, their orders on the start date vary by bench, so you should check recent orders before you file. Interest rates also differ, because each state’s rules link the rate to SBI’s MCLR.
Step-by-Step: Filing as a Resale Buyer
- Collect transfer proof. Gather the builder’s endorsement or nomination letter, the agreement to sell with the original buyer and any transfer-fee receipts.
- Trace the payment history. Obtain the original buyer’s payment receipts and the builder’s statement of account.
- Fix your interest start date. Compare your nomination date with the possession due date in the builder-buyer agreement.
- Send a legal notice. Demand possession, interest or refund within a clear deadline.
- File the complaint. Use the state RERA portal and the correct form. Our guide on how to file a RERA complaint against a builder explains the forms and fees.
- Anticipate the builder’s defence. Builders often argue that you knew of the delay. Therefore, address Laureate Buildwell head-on in your pleadings.
FAQs
Can a resale flat buyer file a RERA complaint?
Yes. Section 2(d) includes anyone who acquires the allotment by sale or transfer, so a resale buyer can file under Section 31.
Is a subsequent purchaser entitled to delay interest?
Yes. After Laureate Buildwell (2021), no blanket bar applies. However, the forum decides the scope of relief on the facts.
From which date does a subsequent allottee get interest?
If you bought before the due date, interest usually runs from the due date. If you bought later, tribunals often start it from the builder’s endorsement or nomination date.
Can the original buyer claim interest after selling the flat?
Generally, no. Haryana RERA has held that a seller who has transferred the unit is no longer an allottee and lacks standing.
Can a subsequent allottee seek a full refund?
Yes, Section 18 allows a refund with interest. Even so, interest on the original buyer’s payments may start only from the transfer date.
Does buying after the due date waive my rights?
No. The Supreme Court held that knowledge of delay does not mean you accepted an indefinite delay.
Lex Pleaders advises homebuyers, investors, banks and NBFCs on RERA complaints, resale and transfer disputes, refund and delay-interest claims across Delhi NCR. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.