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

If you are in Gurugram, the following is general information on common questions on rera refunds with interest for someone in Gurugram.

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 Gurugram

• The High Court with jurisdiction is the Punjab & Haryana High Court.
• Matters at the district level are generally handled at the Gurugram District Court (Tower of Justice, near Rajiv Chowk).
• The applicable regulator is HRERA Gurugram (for property within Gurugram district).

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.

The content above explains how the law generally works; it is not legal advice and should not be treated as a substitute for advice on your particular facts.