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

In Mumbai, common questions on rera refunds with interest, explained in plain terms, for someone in Mumbai.

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 Mumbai

• The High Court with jurisdiction is the Bombay High Court.
• Matters at the district level are generally handled at the Mumbai City Civil Court, or the Court of Small Causes for tenancy matters.
• The applicable regulator is MahaRERA.

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 overview is general information, not legal advice. Procedures and local practice can differ, so a specific review of your matter is advisable before acting.