The following is general information on common questions on rera refunds with interest under Indian law.
Before the frequently asked questions
In Newtech Promoters & Developers v State of UP (11 Nov 2021), the Supreme Court held that a homebuyer's right to a refund with interest under RERA s.18, for a developer's failure to complete and hand over possession on time, is unconditional.
A complaint seeking this relief is filed under RERA s.31 before the relevant state's Real Estate Regulatory Authority.
Frequently asked questions
Can I get a refund with interest if my builder delays possession?
Generally yes. The Supreme Court held in Newtech Promoters & Developers v State of UP (11 Nov 2021) that the right to a refund with interest under RERA s.18 for delayed possession is unconditional.
For a fuller explanation, see Can a Homebuyer Use the Insolvency Process Against a Builder? and RERA and Homebuyer Rights: An Overview.
If this touches a situation you are dealing with, you are welcome to discuss it in a consultation.
This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.