When 50-year-old Veena Ravishankar first walked into her flat in JP Nagar after months of waiting, she did not see a finished home. She saw loose fittings, patchy walls, and a long list of things that
still needed fixing. What Veena did not see was a reason to stop fighting for compensation.
Like many homebuyers in Bengaluru, she believed that until everything felt complete, she had the right to delay possession and demand interest for the wait. That belief has now been challenged by a new legal ruling.
What the tribunal has now said
The Karnataka Real Estate Appellate Tribunal has delivered an order that changes how possession delays will be viewed in Bengaluru’s real estate disputes. According to the tribunal, once a builder obtains the Occupancy Certificate from the competent authority and informs the buyer, the responsibility to take possession shifts to the buyer.
From that point onward, buyers cannot claim interest from the builder for delays in taking over the flat, even if they feel the home is not fully ready in their view.
Why defects do not stop possession
The tribunal has made a clear distinction between possession and quality issues. It said construction defects, missing fittings, or other shortcomings cannot be used as grounds to refuse possession and then seek interest for the delay period.
Buyers still have the legal right to complain about defects. But those complaints must be pursued separately through appropriate legal channels. Holding back possession while demanding delay interest is no longer acceptable once the Occupancy Certificate is in place.
Under RERA rules, the Occupancy Certificate is treated as official proof that the project is complete in the eyes of the law.
What happened in this case
The ruling came from a dispute between Veena Ravishankar and Relationship Properties Pvt Ltd, the developer of a flat in Maple Tower of the Park West project in JP Nagar.
As per the original agreement, possession was to be given by December 2019, later extended to June 2020. The Covid 19 pandemic led to further extensions until 2022. The builder applied for the Occupancy Certificate in August that year.
Earlier, Karnataka RERA had ordered the builder to pay interest for the delay. The developer challenged this order before the appellate tribunal. After reviewing the case, the tribunal overturned the earlier decision and ruled in favour of the builder.
What this means for flat buyers
For thousands of homebuyers in Bengaluru, the message is now clear. Once a builder secures the Occupancy Certificate, buyers should proceed with taking possession.
Any issues related to construction quality, missing amenities, or carpet area differences must be raised through separate complaints. Refusing to take over the flat after the Occupancy Certificate has been issued will no longer entitle buyers to claim interest for delay.
The order draws a firm line between possession rights and defect claims, reshaping how future disputes between buyers and builders are likely to play out.
For Veena, the case was never just about money. It was about feeling heard in a system where buyers often feel powerless. Now, the law has spoken in a way that shifts that balance.
She can still fight for repairs. She can still demand accountability. But she can no longer use possession as her leverage.
As Bengaluru’s skyline continues to rise, this ruling quietly changes the ground beneath every buyer walking into a new flat, checklist in hand, deciding whether to take the keys or keep waiting.
