Possession letter issue not refunding extra amount paid

amol (Querist) 21 March 2025 This query is : Resolved
Hello Sir/Madam,

I have purchased under construction flat 2 years back in Satara Maharashtra
I have paid 100% demand then I received flat keys but not yet received possession letter.
But builder issuing me possession letter 6 month back date.

Should I accept this possession letter with 6 month back date after OC issued? Any cons for it?

Is possession letter mandatory if received keys?

Can filing in both consumer court and RARA simultaneously allowed for wrong date of possession letter?

Which one is fastest between consumer court OR RERA to get order?

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Quick Summary

A buyer is concerned about receiving a possession letter dated six months prior to its issuance, after already receiving the flat keys and the Occupancy Certificate (OC). They are seeking advice on whether to accept this backdated letter, its potential implications, and the necessity of a possession letter when keys have been handed over. The discussion also touches upon filing cases simultaneously in consumer court and RERA, and which forum might offer a faster resolution.

kavksatyanarayana (Expert) 21 March 2025
Did the builder give you a valid reason for the delay? If not, you can file a case in the Consumer Court concerned.

Sudhir Kumar, Advocate (Expert) 21 March 2025
facts are not clear.

did you start using the flat without possesssion letter/

T. Kalaiselvan, Advocate (Expert) 21 March 2025
The possession letter acts as a primary piece of evidence that the buyer has taken possession of the property and that the seller has fulfilled their part of the agreement.
In case of any future disputes regarding ownership or possession, the possession letter can be used as evidence to establish the buyer's rightful claim to the property.
There is no deficiency in service especially when the possession letter is given as on the dte of handing over the keys/possession of the flat.
If the possession letter itself was not given then only the builder is termed to have committed deficiency in service.

Dr. J C Vashista (Expert) 23 March 2025
Q1. Should I accept this possession letter with 6 month back date after OC issued? Any cons for it?
Ans: Yes you should accept without asking for pros and cons which is a subjective issue and cannot be explained on this obligatory platform.

Q 2 Is possession letter mandatory if received keys?
Ans: Yes, receipt of keys is altogather different issue to the possession letter.

Q 3. Can filing in both consumer court and RARA simultaneously allowed for wrong date of possession letter?
Ans: What is wrong / your grievance to accept back-dated offer of possession letter when keys of the property were already handedover to you.

Q 4. Which one is fastest between consumer court OR RERA to get order?
Ans: What is the dispute / issue / problem for moving to Consumer Commission or RERA ?

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