Home Loan and Builder default to provide property

Me and my wife have taken a joint house loan from Tata Capital where builder is Oasis Realtech, Noida constructing a property named Oasis Grandstand situated at Yamuna expressway, Sector 22D, Greater Noida. The loan is in under subvention plan where builder pays all the pre-emi untill the possession. The first date of promise was Dec 2017 to provide possession however builder failed to provide the same, so builder extended the subvention till Dec 2019 and again builder failed to provide the possession. Now we are in situation where we need to pay emi without having property. The original problem is that our Cibil scores is severely affected due to non payment of pre-emi of loan by the builder since May 2018. Initially my cibil score was 800+ and my wife's was at 850+. We have all the documents like Builder Buyer Agreement and Tri Party Agreement and in these documents, it is clearly mentioned that liabilities to pay emi is with Builder untill the possession then how Tata Capital can decrease the cibil score of us where the liabilities are not belong to us.