Disputes between homebuyers and developers can arise at almost any stage of a real-estate transaction. Some begin before the agreement is signed, while others emerge during construction, at the time of possession or even after the buyer has moved into the property.

Common concerns include delayed possession, unauthorised changes, additional payment demands, incomplete amenities, structural defects and cancellation of allotment. Although these issues may appear straightforward, the legal position often depends on the agreement, project disclosures, payment history and exact conduct of both parties.

Before starting a complaint, buyers should identify the precise default, organise the evidence and decide what outcome they expect from the proceedings.

Identify the Exact Nature of the Dispute

A complaint should begin with a clear explanation of what the promoter allegedly failed to do.

Builder disputes commonly involve:

• Delay in handing over possession
• Failure to complete the project
• Demand for charges not disclosed earlier
• Changes to the sanctioned plan
• Reduction or alteration of amenities
• Misleading advertisements
• Cancellation of allotment
• Failure to execute documents
• Structural defects
• Incorrect interest calculations
• Non-compliance with an existing order

Each type of dispute requires different evidence.

For example, a delayed-possession complaint may depend on the possession clause, payment receipts and revised timelines. A complaint about altered amenities may require brochures, approved plans, agreements and photographs.

The buyer should avoid combining unrelated concerns into one broad allegation without explaining how each issue arose.

Review the Agreement for Sale

The agreement for sale is one of the most important documents in a builder dispute.

Buyers should examine clauses dealing with:

• Possession
• Payment schedule
• Grace period
• Cancellation
• Force majeure
• Interest
• Construction specifications
• Amenities
• Changes to plans
• Conveyance
• Maintenance
• Dispute resolution

The agreement should be read together with the booking form, allotment letter, cost sheet and any later addendum.

A buyer should also check whether any revised agreement, waiver or settlement was signed after the original transaction. These documents may affect the remedies available.

Verify the Project’s RERA Information

The buyer should review the project details published on the relevant RERA portal.

Important information may include:

• Project registration number
• Promoter’s registered name
• Declared completion date
• Registration validity
• Approved extensions
• Project status
• Sanctioned plans
• Regulatory notices
• Previous orders or complaints

The information on the portal should be compared with what the developer promised in the agreement, brochure and correspondence.

Buyers should save dated copies of relevant pages because project disclosures may change over time.

Prepare a Complete Payment Record

Payment history is important because the promoter may allege that the buyer failed to comply with the payment schedule.

The buyer should organise:

• Booking amount receipt
• Instalment receipts
• Bank transfer records
• Loan disbursement statements
• Demand letters
• Tax payment records
• Statement of account
• Proof of disputed demands
• Written objections to incorrect charges

A payment table can make the record easier to understand:

Any delayed or withheld payment should be explained honestly.

Preserve Builder Communications

Emails, letters and messages may contain important admissions or revised commitments.

Relevant communications may include:

• Revised possession dates
• Construction updates
• Delay explanations
• Payment demands
• Settlement proposals
• Alternate unit offers
• Cancellation notices
• Responses to complaints
• Statements about approvals
• Promises concerning amenities

Emails should be saved with complete sender, recipient and date information.

Messaging-app screenshots should show enough context to identify the participants and sequence of the conversation.

Verbal assurances should be followed by written communication wherever possible.

Examine Unauthorised Charges Carefully

Disputes often arise when the developer demands amounts that the buyer believes were not part of the original price.

These may include:

• Additional development charges
• Escalation charges
• Preferential location charges
• Club membership fees
• Parking charges
• Maintenance deposits
• Documentation fees
• Administrative charges
• Delayed payment interest
• Charges linked to revised specifications

The buyer should compare each demand with:

• Agreement for sale
• Cost sheet
• Allotment letter
• Payment plan
• Earlier written representations
• Applicable project disclosures

The complaint should identify the exact charge, when it was demanded and why it is disputed.

Check Whether the Project Plan Was Changed

A developer may alter the layout, unit design, common areas or promised amenities.

The buyer should preserve:

• Original floor plan
• Sanctioned plan
• Brochure
• Agreement specifications
• Revised plan
• Written consent documents
• Photographs
• Developer notices

The complaint should explain the difference between what was promised and what was delivered or proposed.

General dissatisfaction may be difficult to establish unless the change is specific and supported by evidence.

Document Structural Defects and Incomplete Work

After possession, some buyers discover defects such as:

• Water seepage
• Cracks
• Plumbing issues
• Faulty electrical work
• Incomplete flooring
• Poor waterproofing
• Missing fixtures
• Defective common areas
• Incomplete promised amenities

The buyer should notify the developer in writing and preserve:

• Dated photographs
• Videos
• Inspection reports
• Engineer or architect assessments
• Maintenance tickets
• Repair estimates
• Email complaints
• Builder responses

The record should show when the defect was noticed, when it was reported and whether the developer attempted repairs.

Verify the Correct Legal Entity

The marketing brand used by a builder may differ from the company that owns, develops or promotes the project.