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

For someone based in Delhi, this page sets out, in general terms, how common questions on rera refunds with interest works for someone in Delhi.

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 Delhi

• The High Court with jurisdiction is Delhi High Court.
• Matters at the district level are generally handled at the district court complex for your area (Tis Hazari, Karkardooma, Patiala House, Rohini, Saket, Dwarka, or Rouse Avenue).
• The applicable regulator is RERA for NCT of Delhi and UT of Chandigarh.

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 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.