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Builder offered possession but the flat is incomplete

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

Your situation

• Where do things stand? Possession offered, but incomplete or with demands

Papers to gather

• Builder-buyer agreement / agreement for sale (all pages)
  The core document. Where: Your records; sub-registrar if registered.
• Booking form and allotment letter
  Delay can be counted from early documents in some cases. Where: Your records.
• All payment receipts and the builder's demand letters
  Basis of refund or interest. Where: Bank statements, builder receipts.
• Brochure, advertisements and promised amenities
  Shows misrepresentation. Where: Your files, old emails, project website archives.
• Emails and letters with the builder about delays
  Shows the history. Where: Your email.
• Possession offer letter and the demands attached
  Shows any unfair conditions. Where: Builder.

You may also need, depending on your answers

• 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.

What the law says

Saboot will also ask

• Is the project registered with RERA?
• How much have you paid?
• Is there a home loan or subvention scheme?

Similar situations

• Builder has not given possession years after the date
• 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

Sources

• Real Estate (Regulation and Development) Act, 2016
• Consumer Protection Act, 2019

The full guide: Builder delayed my flat or isn't delivering what was promised · All situations