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If you paid money for a flat and still have no formal allotment, do not send another instalment or rely on verbal assurances. Preserve every payment and booking record, verify the project’s status with your state RERA authority, and send a dated written demand asking either for allotment on the represented terms or repayment by a stated date. Your next legal step depends on the state, project registration, booking documents, amount paid, and whether you want the flat or your money back.
The absence of an allotment letter does not automatically destroy a claim, but payment alone does not guarantee allotment or a refund. A particularly important question is whether the builder accepted more than 10% of the apartment price before entering into and registering an agreement for sale. RERA, the booking terms, and consumer-law limitation rules may all matter, but none gives an automatic result in every pre-allotment dispute.
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Start by securing a complete record
Before arguing about the law, make the evidence usable. Builders and sales agents often communicate through several channels, and a dispute can turn on a payment receipt, a sentence in a booking form, or a deadline stated in an advertisement.
Collect the documents
- Bank statements, payment receipts, UTR numbers, cancelled-cheque details and records of cash or cheque payments.
- The application or booking form, provisional reservation letter, payment schedule, price sheet and any cancellation or substitution terms.
- Brochures, advertisements, floor plans, allotment promises, possession representations and messages from the sales team.
- Emails, text messages, messaging-app chats, call summaries and letters exchanged with the promoter or agent.
- Any draft agreement for sale, demand letter, cancellation notice, refund promise or communication saying that a flat is unavailable.
Save the original electronic files and make dated PDF copies. Keep the envelope and delivery record of physical letters. Do not edit screenshots; export chats where possible and preserve the surrounding conversation so that a single sentence is not taken out of context.
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Prepare a chronology
Create a one-page timeline showing the booking date, each payment, the flat or unit discussed, promised allotment date, follow-up dates, replies, missed deadlines and any request to change the unit or price. State the total amount paid and, if known, its percentage of the quoted apartment cost. Identify the exact promise you are relying on and the date on which the builder failed to perform it. This chronology is practical record-keeping, not a substitute for the filing requirements of a particular authority.
Check the project, phase and promoter with RERA
Search the relevant state RERA portal by project name, promoter and registration number. Confirm that the registration belongs to the phase and location in which your proposed flat is situated; a registration for one phase does not necessarily cover another. Review the displayed validity or current status, declared completion schedule and uploaded project documents where available.
Do not assume every project is covered
RERA registration requirements contain statutory exemptions. Official Goa RERA guidance, for example, describes exemptions that include projects below the statutory small-area or apartment thresholds and projects that had received a completion certificate before the Act commenced. The applicable thresholds, dates and documentation must be checked under the law and guidance in your state. An unregistered project is not automatically free of every legal obligation, and a registered project is not automatically a guarantee that your individual booking will be honoured.
Record what the portal shows
Download or print the registration page and note the promoter’s legal name, registration number, phase, declared completion date and any status such as active, lapsed or revoked. Compare those details with your receipt and booking form. If the promoter’s name on your documents differs from the registered entity, ask for an explanation before sending further money. Keep a record of the date on which you checked the portal because project status can change.
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Send a traceable written demand
Write to the promoter’s official address and email, using a channel that records delivery, such as registered post together with the official email address. A lawyer’s notice may be appropriate where the amount is substantial or the documents are disputed, but a clear first demand can establish your position and a response deadline.
What the demand should contain
- Identify yourself, the project, the unit or configuration discussed, the booking reference and every payment date and amount.
- State that no formal allotment letter has been issued and describe the promise or deadline that has not been met.
- Ask for a written explanation, the proposed agreement for sale and confirmation of the allotment terms, price, schedule and applicable charges.
- State your chosen outcome: allotment on the represented terms, or repayment of the money paid by a specific date.
- Reserve your right to approach the applicable RERA authority, adjudicating officer, consumer commission or court if the response is inadequate.
Give a reasonable, stated period for reply and keep the sent message, postal receipt, tracking history and any acknowledgment. Do not make a threat that the documents cannot support. If the builder offers a substitute unit, ask for its complete price, specifications, possession schedule and written adjustment of your earlier payment before agreeing.
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Section 13(1) of the Real Estate (Regulation and Development) Act, 2016 provides that a promoter must not accept more than 10% of the cost of an apartment, plot or building as an advance payment or application fee unless the promoter has first entered into and registered a written agreement for sale. The rule is about the amount accepted before the registered agreement, not a general promise that every buyer who crosses 10% will receive an allotment.
Apply the rule to your documents
- Identify the apartment cost used in the booking form or demand letter and calculate 10% of that stated cost.
- Add all amounts accepted before the agreement was entered into and registered, including amounts described as booking, application, confirmation or processing money.
- Check whether an agreement for sale was actually signed and registered, rather than merely circulated as a draft.
- Preserve demands showing that the promoter sought more than the threshold before registration.
If the promoter took more than 10% without the registered agreement, raise the section 13 issue specifically in your written demand and any complaint. The wording and classification of each payment can be contested, so attach the receipts and booking terms rather than relying on a rounded calculation.
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What the absence of an allotment means for a RERA claim
Section 18 expressly addresses specified failures to complete a project or give possession in accordance with the agreement for sale, including circumstances in which the allottee seeks withdrawal and refund. Its usual framework assumes an agreement for sale containing the relevant obligations and possession terms. Where the transaction never reached an allotment or agreement, do not assume section 18 alone determines entitlement to a refund with interest.
That does not mean a pre-allotment buyer has no possible remedy. The authority may examine the booking or application form, the money accepted, representations made and any statutory breach such as section 13. The exact legal basis and relief depend on the documents and the state forum’s jurisdiction. A claim for a flat, a claim for repayment, and a claim for interest or compensation may require different proof.
What the Haryana RERA decision illustrates
In Complaint No. 1163 of 2024 and connected complaints, the Haryana RERA authority considered buyers who had paid booking amounts but had no allotment letter or buyer’s agreement. The record included a demand for a larger part of the sale price before an agreement, which the authority treated as raising a section 13 issue. On the facts and under the application terms, it directed repayment of the booking amount within 90 days, without interest.
This is a state authority’s fact-specific order, not a universal rule or a Supreme Court precedent. It shows why the booking form, the amount demanded, the section 13 threshold and the relief requested should be analysed together. Another state authority could apply different procedural rules or reach a different result on materially different documents.
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Choose between RERA and a consumer complaint carefully
There are at least two potential avenues, but they cannot be ranked without your project and paperwork. Use the following questions to frame a consultation with a qualified lawyer or the relevant authority.
| Question | Why it matters |
|---|---|
| Is the project registered and covered by the applicable state RERA law? | Registration, phase and statutory exemptions affect whether a RERA complaint is available and which authority has jurisdiction. |
| What document exists? | An allotment letter, booking form, application terms and registered agreement create different evidence and contractual issues. |
| Was more than 10% accepted before a registered agreement? | This may support a section 13 allegation and should be proved with payment records and the stated apartment cost. |
| What outcome do you want? | Allotment, repayment, interest and compensation are distinct remedies; asking for one does not automatically establish entitlement to another. |
| Which state procedure applies? | Forms, fees, officer jurisdiction, service requirements and appeal routes are set by state law and rules. |
| When did the cause of action arise? | Missed allotment promises, refusal, cancellation or another definite failure may affect limitation and the forum strategy. |
RERA authority or adjudicating officer
For a covered project and an alleged RERA violation, a buyer may consider a complaint to the state RERA authority or, where the statute assigns a monetary claim there, the adjudicating officer. The correct form, fee, filing method and appeal route vary by state. Goa RERA guidance describes complaints to RERA Goa or the adjudicating officer as applicable, with appeals to the tribunal and then the High Court; that description should not be copied to another state without checking its current rules.
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A consumer commission may provide an alternative or additional route when the facts establish a consumer dispute. Section 69 of the Consumer Protection Act, 2019 generally bars admission of a complaint filed more than two years after the cause of action arose. A commission may condone delay for sufficient cause, but it must record reasons for doing so. Calculate the likely cause-of-action date promptly from the promised deadline, refusal, cancellation or other definite failure; repeated reminders do not automatically reset limitation.
Prepare before filing
- Make a single indexed bundle containing the chronology, identity documents, booking terms, payment proof, advertisements and communications.
- Mark the pages showing the apartment cost, the amount accepted, the promised allotment date and any pre-agreement demand above 10%.
- Print the RERA registration details and note the project phase and promoter’s legal entity.
- Attach your written demand and proof of delivery, followed by the builder’s response or proof that no response arrived.
- State the relief precisely: allotment, refund of identified sums, interest where legally available, or compensation supported by a separate factual basis.
- Check the current state form, fee, service method, jurisdiction and appeal period immediately before filing.
If substantial funds are involved, obtain state-specific legal advice before signing a cancellation, accepting a replacement unit or filing parallel proceedings. A settlement document can release claims that you may still need, and parallel forums can create procedural complications.
Common mistakes that weaken a pre-allotment case
- Relying on a salesperson’s oral assurance while ignoring the written booking conditions.
- Sending angry messages that do not identify the amount, unit, deadline or requested remedy.
- Paying more money to “keep the unit alive” without a written allotment and agreement-for-sale timetable.
- Assuming a project shown on a RERA portal is registered for every phase or tower.
- Quoting the 10% rule without proving the apartment cost, payment total and absence of a registered agreement.
- Waiting beyond a possible limitation period because follow-up emails continue.
- Promising yourself a refund with interest when section 18’s agreement-based conditions may not fit the transaction.
A practical decision checklist
- Secure originals and dated copies of every payment, booking term and communication.
- Write the chronology and calculate the amount paid against the stated apartment cost.
- Check the promoter, phase and project status on the relevant state RERA portal, including exemptions.
- Send a traceable written demand for allotment with terms, or repayment by a defined date.
- Assess whether more than 10% was accepted before a registered agreement for sale.
- Decide whether the evidence supports a RERA complaint, a consumer complaint, or advice on another civil remedy.
- Calculate limitation dates now and verify the state procedure before filing.
The most useful immediate result is a documented record and a clear choice of remedy. Whether a builder must allot the flat or repay the money will turn on the state law, project coverage, booking documents, payment pattern and the outcome you elect—not on the fact of payment alone.
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