Delayed compensation

Sir, I ve booked a flat in EMAAR project in GGN. I ve taken this flat fm a seller in 2013 during initial phase of launch. Possession was supposed to be completed in 36month +5 month grace period fm date of commencement of construction, which was supposed to be completed by June 17. As per delayed compensation clause in Buyers Agreement, I was supposed to be compensated for Delayed Possession. Emaar also was stating that compensation would be adjusted at Final payment. Now in July 'offer of possession' been given without any delayed compensation. On enquiring with Emaar, they state that an Indemnity document was signed at the time of change of name to me and according to Indemnity document I m a Second buyer and Not entitled for any compensation. More so, as buyer agreement was executed in 2013, does not fall under HRERA. Now if I don't take possession I wud be charged delayed possession penalties along with holding charges. Kindly advice if I can get justice as a second buyer. Is Indemnity document signed on a stamp paper and notarised hold any wastage. Shall I take possession by clearing all dues and thn file a case or not to pay n file a case in HRERA or Consumer Court. Kindly advice, pls