RERA & Homebuyers

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

By Mishpat Legal Consultants

Updated

For someone based in Noida, the following is general information on common questions on rera refunds with interest for someone in Noida.

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 Noida

  • The High Court with jurisdiction is the Allahabad High Court.
  • Matters at the district level are generally handled at the Gautam Buddh Nagar District Court, Surajpur, Greater Noida.
  • The applicable regulator is UP RERA (NCR regional office, Greater Noida).

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.

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.

This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.

FAQ

Common 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.

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