Imagine paying the full price for a plot, getting the sale deed registered, and years later finding yourself still waiting for possession.
The situation becomes even more complicated when the plot originally purchased is alleged to have been sold to someone else and the replacement plot subsequently allotted is claimed not to exist in the approved layout plan.
A recent order passed by the Real Estate Regulatory Authority, Punjab at Chandigarh dealt with circumstances of this nature in relation to a residential plot in Sunny Enclave, SAS Nagar (Mohali).
The complaint was filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 37 of the Punjab State Real Estate (Regulation and Development) Rules, 2017. Advocate Shubham Aggarwal represented the complainant before the Authority.
According to the facts recorded in the RERA order, the complainant had booked a 250 sq. yd. plot in a project situated in Sector 125, Sunny Enclave, SAS Nagar, Mohali in 2005.
A registered sale deed dated 26 October 2006 was also executed in relation to the plot.The problem surfaced later.
When the complainant wanted to construct on the property in 2011, she alleged that she discovered that the plot had already been sold by the respondents to a third party.
The order records the complainant’s case that, after the issue was raised, another plot was allotted in the same project in place of the earlier plot.
This replacement plot was described in the order as measuring 290 sq. yd.
A No Due Certificate dated 17 September 2013 was issued, and a fresh sale deed was subsequently executed and registered in favour of the complainant. The mutation was also entered in the revenue record.
The amount stated to have been paid in full and final settlement for the plot was:₹24,73,500
For an ordinary property buyer, one would reasonably expect that registration of the sale deed, full payment and mutation of the property would bring the transaction closer to completion.
But according to the complaint, another problem emerged.
The complainant stated that the project remained incomplete till 2021 and was allegedly without even basic amenities.
According to the order, inquiries were then made from the office of GMADA.
The complainant alleged that she subsequently came to know that the replacement plot did not exist in the layout plan of the project.
A complaint was also stated to have been made to the police authorities, which was pending investigation.
Despite the full payment of ₹24,73,500, the complainant’s case before Punjab RERA was that possession of the replacement plot had still not been delivered.
This case is also useful from a practical point of view because the order identifies the documents relied upon by the complainant.
These included the earlier sale deed, account statement, Agreement to Sell, payment receipts, No Due Certificate, subsequent sale deed, Jamabandi for 2014–15, bank account statement and the complaint submitted to the SSP, Mohali.
The respondents had initially appeared through counsel but did not file a reply. The order records that when nobody subsequently appeared on their behalf, they were proceeded against ex parte on 11 July 2025.
Punjab RERA therefore considered the documents and evidence placed before it by the complainant.
After considering the record, the Authority observed that the complainant’s claim and the supporting documents had remained unrebutted because the respondents had chosen not to appear after service.
The Authority accepted the complainant’s prayer ex parte and issued specific directions.
The respondents were directed to offer possession of a plot measuring 291 sq. yd. in Sector 123, Sunny Enclave (139 Acres), SAS Nagar, Mohali, together with all the promised amenities as per the sale deed.
The possession was to be offered within three months from the date of the order.
The complainant was directed to take possession within one month of receiving the respondents’ offer of possession.
Punjab RERA further held that the respondents were liable to pay interest on the amount paid by the complainant for delay in delivery of possession, at the rate prescribed under the RERA Act read with Rule 16 of the Punjab RERA Rules.
This case is significant for a simple reason: having a registered sale deed does not necessarily mean that the practical problem of possession has ended.
Here, the dispute went much further.
The complainant’s case was that the original plot had been sold to another person. A replacement plot was subsequently allotted, a fresh sale deed was registered and the full amount of ₹24.73 lakh had been paid. Yet possession remained an issue.
The allegation that the replacement plot itself did not appear in the project layout plan made the situation even more serious.
The final direction is therefore important. Punjab RERA did not merely deal with possession in general terms. It directed the respondents to offer possession of a specified plot with the promised amenities within three months and also held them liable for interest for delayed possession.
For plot buyers in Mohali, Zirakpur, Chandigarh Tricity and other parts of Punjab, the order also highlights the importance of retaining the complete documentary trail of a property transaction. Sale deeds, payment receipts, allotment documents, No Due Certificates, revenue records and correspondence can become important when a property dispute reaches RERA.
At Siddhik Law Chambers, matters involving Punjab RERA complaints, delayed possession, plot and property disputes, builder-buyer disputes and proceedings before RERA Punjab at Chandigarh are examined on the basis of the transaction documents, payment record and applicable provisions of law.
Depending on the facts and relief sought, RERA may pass appropriate directions under the applicable law. In this case, Punjab RERA directed the respondents to offer possession of a 291 sq. yd. plot with the promised amenities within three months.
In this order, the Authority held the respondents liable to pay interest on the amount paid by the complainant for delay in delivery of possession at the rate prescribed under the Act read with Rule 16 of the Punjab RERA Rules.
A registered sale deed can be an important document, but the available remedy will depend on the facts of the transaction. In this case, despite registered documentation and full payment, possession remained disputed and the buyer approached Punjab RERA.
In this matter, the complainant relied upon sale deeds, an Agreement to Sell, payment receipts, a No Due Certificate, Jamabandi, a bank statement and other supporting records. The relevant documents will depend on the facts of each case.
For general information or appointment requests, feel free to contact Siddhik Law Chambers.