A delay complaint is won or lost on paper. The Authority will want to know three things: what date the builder promised, how much you paid and when, and whether the builder had a good reason for the delay. Each document below helps prove one of those points.
Short answer: Gather your Agreement for Sale, every payment receipt and bank entry, the builder's demand and delay letters, the project's RERA registration details, and a written calculation of your claim. Do this before you send a notice or file, because builders sometimes stop responding once a dispute starts.
Why the documents matter
Section 18(1) of the Real Estate (Regulation and Development) Act, 2016 (RERA) applies when the promoter fails to give possession by the date specified in the Agreement for Sale. You can withdraw and claim a refund with interest, or stay and claim interest for every month of delay. Either way, the starting point is the date in your agreement and the amount you paid. See our article Builder Delayed Possession? Your Options Under RERA for the two options in full.
The Supreme Court has said refund and interest are decided by the Regulatory Authority, while compensation is decided by the Adjudicating Officer (Newtech Promoters and Developers Pvt. Ltd. v. State of U.P., 11 November 2021). So your file should support both an interest claim and, if you want one, a separate compensation claim.
The core checklist
| Document | What it proves | Tip |
|---|---|---|
| Agreement for Sale (all pages and annexures) | The promised possession date, grace period, payment plan, delay clause, force majeure clause | Section 13 requires a written agreement for sale before the promoter takes more than 10% of the cost. If you only hold a booking form or allotment letter, collect that and say so in your complaint. |
| Allotment letter and booking form | Unit details, price, early terms | Keep the original, not a scan of a scan |
| Payment receipts and bank statements | The amount paid and the date of each payment | Interest is counted from payment dates, so match every receipt to a bank entry |
| Builder's demand letters and statement of account | What the builder itself says you owe and have paid | Ask the builder in writing for an up-to-date statement |
| Home loan papers (sanction letter, disbursement letters, EMI statements) | Payments made by the bank on your behalf; loan interest you bore | Needed mainly for a compensation claim, not the interest claim |
| Builder's letters, emails, WhatsApp messages | Admissions of delay, revised dates, reasons given | Export chats with dates visible |
| Brochure, advertisement, price list | What was promised at the time of sale | Relevant to Section 12, which deals with incorrect or false statements in advertisements or prospectus |
| Tripartite or subvention agreement (if any) | Who pays pre-EMI, and until when | Read it before you calculate, as it may affect what you can claim for the same period |
| Identity and address proof | Your standing as allottee | Needed for the complaint form |
The RERA registration documents
Download these from your state RERA portal (for Uttar Pradesh, the UP-RERA website) and save dated copies. See How to Check if a Project Is RERA Registered for the steps.
- Registration certificate and the registered completion date. This can differ from the date in your agreement.
- Any extension of registration. Under Section 6, the Authority can extend registration for force majeure or, in other reasonable circumstances, for reasons recorded in writing. Together such extensions cannot exceed one year. An extension of registration does not by itself rewrite your agreement's date, so keep the order and read it.
- Quarterly progress reports and uploaded project details. These can contradict what the builder tells you about progress.
- Any order or complaint already pending against the project.
Evidence on progress and the Occupancy Certificate
- Dated photographs or video of the site. Take them yourself and note the date.
- Status of the Occupancy Certificate (OC) or Completion Certificate. Section 11(4)(b) makes the promoter responsible for obtaining it and making it available to allottees. Ask the builder for a copy in writing. If it refuses, you can ask the competent local authority for the status through an RTI application or a written request. Our article What to Do When Possession Is Offered Without an Occupancy Certificate explains why this matters.
- Any offer-of-possession letter. Note its date, what it demands, and whether an OC was attached.
Prepare your own paperwork
- A one-page timeline. Booking date, agreement date, promised possession date, each payment, each complaint or reminder you made.
- A calculation sheet. Amount paid, the prescribed rate, and the period of delay, shown instalment by instalment. The rate is set by state rules and differs between states; in Uttar Pradesh the Supreme Court recorded it as SBI MCLR plus 1% in Newtech, but confirm the current rule. Our article How Delay Interest Is Calculated Under Section 18 of RERA has a worked example.
- A written demand to the builder. State the delay, say whether you are withdrawing or staying, and set a reasonable deadline. Section 18(1) makes a refund payable "on demand". A notice is not a precondition listed in the Act, but it fixes the date of your demand and shows the builder had a chance to respond.
- Proof that you have paid your dues. If you have missed a payment, be ready to explain it. Section 19(7) makes an allottee liable for interest on late payments.
Where the documents go
Gather the same papers whichever forum you choose. A complaint for refund or delay interest goes to the Authority; a compensation claim goes to the Adjudicating Officer (see Authority vs. Adjudicating Officer: Which Handles Which Claim?). The portal asks for a prescribed form and fee that vary by state, so check the current requirements. The step-by-step guide is in How to File a RERA Complaint Online, and a fuller list is in Documents Needed for a RERA Complaint.
Common mistakes
- Missing instalments. A gap in your receipts weakens the interest figure. Reconstruct it from bank statements.
- Relying on phone calls. Put every request in writing, even if you also call.
- Signing a "no claims" or possession letter without reading it. Builders sometimes ask for one at handover. Take advice before signing.
- Not saving portal pages. Registered dates and extensions can be changed or removed from a project page. Keep dated PDFs.
- Claiming in two forums for the same relief. Decide on the forum first.
Frequently asked questions
I only have an allotment letter, not a signed agreement. Can I still complain? You can complain, but the promised possession date is harder to prove. Gather every document that states a date, such as brochures, emails and demand letters, and note that the agreement was never provided. Under Section 13 a promoter should not take more than 10% of the cost without a registered written agreement.
I lost some receipts. What do I do? Request duplicates from the builder and use your bank statements, which usually show the payee, amount and date.
Do I need the Occupancy Certificate to file a delay complaint? No. The OC is evidence about whether a valid offer of possession exists. Your complaint can proceed on the agreement and payment records alone.
Is there a deadline for filing? Section 18 does not state one for delay claims. Authorities and courts may still consider delay in approaching them, so do not wait longer than necessary.
This article is for general information and is not legal advice. Laws, rules and rates change and differ by state. Verify current provisions before acting.