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Builder delayed my flat or isn't delivering what was promised
Homebuyer cases rest on the agreement, the payments and the promised date. Let's gather those first.
Answer a few questions and get your list →What the law says
Homebuyers can approach the state RERA authority (Real Estate (Regulation and Development) Act, 2016) and/or a consumer commission. RERA allows a refund with interest, or interest for every month of delay.
General information, not legal advice.
Papers that usually help
- Builder-buyer agreement / agreement for sale (all pages)
The core document. - Booking form and allotment letter
Delay can be counted from early documents in some cases. - All payment receipts and the builder's demand letters
Basis of refund or interest. - Brochure, advertisements and promised amenities
Shows misrepresentation. - RERA project page printout (registration, completion date, progress updates)
Builder's own declarations to RERA. - Home loan sanction, tripartite agreement and EMI statements
Needed if the builder stopped paying EMIs. - Emails and letters with the builder about delays
Shows the history. - Possession offer letter and the demands attached
Shows any unfair conditions. - Photos/videos of defects and an architect or engineer's report
Supports claims for repair or compensation. - Insolvency/IRP public notice and your claim form
Homebuyers must file claims with the resolution professional.
Questions Saboot will ask you
- Where do things stand?
- Is the project registered with RERA?
- How much have you paid?
- Is there a home loan or subvention scheme?
- Has the builder raised new demands?
- Has the builder got the occupancy/completion certificate?
- Are other buyers in the project also affected?
Sources
Common situations
- Builder has not given possession years after the date
- Builder offered possession but the flat is incomplete
- Cracks and leaks in a new flat
- Want to cancel my flat booking and get money back
- Project stopped and builder disappeared
- Paying EMI and rent together because flat is late
- Builder demanding extra money before handover
- Plot in a layout not developed as promised
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