Promoter-delay assessment
Delayed Property Possession in Kolkata: Buyer Evidence and Remedies
Delay should be measured against the agreement, approved extensions, project disclosures and actual readiness for lawful handover. A promised date in marketing material, an agreement milestone, completion documentation and an offer of possession may not mean the same thing.
Delay calculation
Build a milestone and payment chronology
The Real Estate (Regulation and Development) Act, 2016 includes promoter obligations, allottee rights and remedies concerning return of amount and compensation, subject to applicability and facts. Compare the booking, agreement, scheduled possession, extension clauses, force-majeure events, construction updates, payment demands and regulatory disclosures in one table.
Agreement date
Identify the possession clause, grace period, conditions and notice mechanism.
Buyer performance
Reconcile instalments, loan disbursement, demands, defaults and disputed charges.
Project status
Preserve official registration details, updates, approvals and completion information.
Handover quality
Record whether the unit, access, utilities and promised common facilities are actually ready.
Remedy choice
Define whether the buyer wants possession, refund or resolution
The evidence and relief differ when the buyer wants completion, a revised timetable, interest, refund, compensation or termination. Review forum, agreement clauses, group proceedings and existing orders before filing. Do not assume every period of delay produces the same remedy or amount.
- Keep every demand and payment acknowledgement.
- Save advertisements and representations that induced the purchase.
- Record inspections, defect lists and possession offers.
- Check limitation and overlapping proceedings before choosing a forum.
Transaction condition
Separate construction delay from title or deed problems
If the project is ready but the deed or title record is defective, use title verification or conveyancing services. Delayed possession analysis should focus on the promoter’s timeline, readiness and buyer’s chosen relief.
File review
Bring the agreement and project chronology
Share the booking and allotment documents, agreement, payment and loan records, promised possession dates, extension communications, project registration details, construction updates, inspection records, possession offers and the remedy the buyer seeks.
Last reviewed: 4 September 2026. This is general information. The appropriate provision, forum, limitation analysis and remedy depend on the complete record; no result is guaranteed.
