Delayed Possession but no paperwork "Banakhat"

Question

I seek your legal advice regarding recovery of ₹10,00,000 invested in March 2022 in the [company removed] Wind project. The original shop agreement was cancelled after the owner’s demise, and the builder shifted the booking to a flat without my consent. No Banakhat has been signed, and I was later asked to sign a draft in 2024 mentioning a backdated possession date of July 2023, which I refused. As of 2026, construction is still incomplete despite repeated assurances. The builder is offering refund only after selling the unit, which I do not agree to. I have complete payment proof and correspondence. Kindly advise on the legal remedies available and the chances of recovering my amount with interest.

Advocate Bibikar &amp; Associates · Accepted Answer

You have strong grounds to recover your ₹10,00,000 with interest due to the unilateral cancellation of the shop agreement, unauthorized shift to a flat, no Banakhat, delayed possession, and incomplete construction as of 2026. Payment proofs and correspondence bolster your case under Indian laws like RERA (if applicable), Consumer Protection Act, and Contract Act.

File under RERA (TS-RERA for Zahirabad): Demand refund with interest (typically 10-11% p.a.) for delay beyond promised date; project takeover possible if stalled. High success in Telangana cases for delays/non-registration.

Civil Suit: Specific performance or damages under Specific Relief Act; interest via Sec. 73 Contract Act.

Consumer Court: Claim deficiency in service; parallel to RERA, no bar.

Excellent chances of success given proofs and precedents ordering refunds post-delay. Builder’s post-sale refund condition invalid; refuse backdated draft. Act within 2 years of cause via online portals. Consult local advocate for filing.

Delayed Possession but no paperwork "Banakhat"

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Advocate Bibikar & Associates

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