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

In Kolkata, the following is general information on common questions on rera refunds with interest for someone in Kolkata.

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 Kolkata

• The High Court with jurisdiction is the Calcutta High Court.
• Matters at the district level are generally handled at the Kolkata City Civil Court or Presidency Small Causes Court.
• The applicable regulator is WBRERA.

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

If you are weighing a decision on this, a short consultation can help map out the options.

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.