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| + | ====== Builder Changed the Payment Schedule After Booking? What the Agreement Lets You Refuse ====== | ||
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| + | **Quick Reply:** A builder cannot rewrite your instalment plan after booking. The registered agreement governs under RERA Section 13. How to contest a revised demand letter. | ||
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| + | **Reviewed on:** 2026-06-12. | ||
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| + | **The short answer: a builder cannot rewrite your payment schedule on his own.** The schedule in your registered agreement for sale is the only one that binds you. Section 13 of the Real Estate (Regulation and Development) Act, 2016 says the agreement must specify the dates and manner of payments, and Section 19(6) makes you liable to pay only "as per the agreement" | ||
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| + | ===== First check: has an agreement for sale been registered at all? ===== | ||
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| + | This decides which of two situations you are in. | ||
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| + | **You have a registered agreement.** The schedule in it governs. Any change needs a registered amendment signed by both sides. Pull out the payment annexure, usually Schedule of Payments or Annexure C, and compare it line by line with the new demand. | ||
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| + | **You only have a booking form or allotment letter.** Then note Section 13(1): the builder cannot accept more than 10 per cent of the cost of the flat as advance before entering into a registered agreement for sale. If he is demanding a second or third instalment without registering an agreement, that demand itself violates RERA. Put that in writing and ask him to register the agreement first. Many " | ||
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| + | ===== The milestone trap in construction-linked plans ===== | ||
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| + | Here is where most buyers lose money quietly. Suppose your annexure says 7 per cent of Rs 80 lakh, that is Rs 5.6 lakh, falls due "on completion of the 12th slab". A demand letter arrives citing the 12th slab. You drive past the site and count nine slabs. | ||
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| + | Do three things before paying. | ||
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| + | - Reply in writing within the demand period: " | ||
| + | - Open the project page on your state RERA portal. Registered projects must upload quarterly progress reports, and MahaRERA also publishes Form 1 (architect' | ||
| + | - Write to your home loan bank. Banks disburse against demand letters mechanically. A one-page letter instructing the bank to disburse only after you confirm the milestone, with the RERA progress report attached, stops the leak. You remain liable for instalments that are genuinely due, so confirm and release quickly once the certificate arrives. | ||
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| + | This is also your shield against interest. State RERA rules fix one interest rate for both sides, usually SBI's highest MCLR plus 2 per cent. A builder cannot charge you 18 per cent under a revised schedule while owing you far less for his own delay. | ||
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| + | ===== Reply to the revised demand: a template ===== | ||
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| + | Send by email and registered post. Keep it to one page. | ||
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| + | To: [Builder name], [address] | ||
| + | Subject: Demand letter dated [date] for Unit [no.], [Project], | ||
| + | RERA Regn No. [XXXX] - payment schedule objection | ||
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| + | 1. My registered agreement for sale dated [date] sets out the payment | ||
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| + | match that schedule. | ||
| + | 2. Under Section 13 and Section 19(6) of the RERA Act 2016, I am | ||
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| + | 3. Please provide, within 15 days: (a) the agreement clause under | ||
| + | which this demand is raised, and (b) the architect' | ||
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| + | 4. I remain ready and willing to pay every instalment that falls due | ||
| + | under the registered agreement. Any cancellation threat or | ||
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| + | [Name, unit, mobile, email] | ||
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| + | ===== If the builder pushes: file the RERA complaint ===== | ||
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| + | A complaint under Section 31 lies against any contravention of the Act, and demanding money contrary to the registered agreement is one. File on your state portal: MahaRERA accepts Form A online with a Rs 5,000 fee, UP RERA charges Rs 1,000 on up-rera.in, and Karnataka files through rera.karnataka.gov.in. Attach the agreement annexure, the demand letter, your reply, and the portal progress reports. Ask for a direction that demands follow the registered schedule, withdrawal of interest debits, and a restraint on cancellation of your allotment during the proceedings. | ||
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| + | If the builder has already cancelled your booking over the disputed demand, your remedy shifts to refund territory. See [[practical-guides: | ||
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| + | ===== Where RTI fits, and where it does not ===== | ||
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| + | RTI does not reach the builder, who is a private party. It is still useful at the edges. The planning authority' | ||
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| + | ===== Common mistakes ===== | ||
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| + | * Paying a disputed demand "to avoid interest" | ||
| + | * Ignoring demand letters entirely. Silence lets the builder build a default narrative. Always reply within the demand window. | ||
| + | * Letting the bank disburse on autopilot. The loan is your liability, not the builder' | ||
| + | * Signing a fresh " | ||
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| + | Related reading: [[practical-guides: | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== The builder says input costs rose, so the schedule had to change. Valid? ==== | ||
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| + | No. Cost escalation does not rewrite a registered agreement. Unless your agreement has a specific, lawful escalation clause and the demand follows it exactly, you can refuse. | ||
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| + | ==== Can the builder cancel my allotment if I refuse the revised demand? ==== | ||
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| + | Not lawfully, as long as you keep paying as per the registered schedule. Cancellation for refusing an extra-contractual demand is itself a ground of complaint, and RERA authorities can restore allotments. | ||
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| + | ==== I paid two instalments under the revised schedule already. Have I accepted it? ==== | ||
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| + | Not necessarily, | ||
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| + | ==== What if I genuinely cannot pay on the original schedule either? ==== | ||
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| + | Negotiate a documented restructuring, | ||
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| + | ==== My project predates RERA registration. Does any of this apply? ==== | ||
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| + | Ongoing projects without completion certificates were required to register under RERA. If your project is registered, everything above applies. If it is genuinely outside RERA, your remedies lie in contract and the consumer commission. | ||
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| + | ==== Is a WhatsApp message from the sales team a valid demand? ==== | ||
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| + | Treat only formal demand letters as demands, but preserve the WhatsApp messages. They prove the builder is operating outside the agreement. | ||
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| + | Download the payment schedule dispute checklist (PDF). | ||
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