RERA Refunds With Interest: Your Right Under Section 18: Frequently Asked Questions in Bengaluru

If you are in Bengaluru, here is a general overview of common questions on rera refunds with interest for someone in Bengaluru.

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.

Relevant forums in Bengaluru

• The High Court with jurisdiction is the Karnataka High Court.
• Matters at the district level are generally handled at the Bengaluru City Civil & Sessions Court, or the Court of Small Causes for rent matters.
• The applicable regulator is K-RERA.

For a fuller explanation, see Can a Homebuyer Use the Insolvency Process Against a Builder? and RERA and Homebuyer Rights: An Overview.

If you would like this looked at against your own facts, a consultation is a reasonable next step.

This is general, educational information and not legal advice. Specific facts can change the analysis, so a qualified advocate should review your situation before you act.