RERA Refunds With Interest: Your Right Under Section 18: An Illustrative Scenario in Mumbai

To make the general position concrete, here is an illustrative, hypothetical situation (not a real case) that raises this question.

The illustrative scenario

The question

This raises an obvious question:

How the general rule applies

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.

Typically, a homebuyer generally has a choice between seeking a refund with interest for the delay, or continuing with the project and claiming interest for the period of delay until possession is handed over, rather than being forced to accept either option.

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.

What often gets missed in situations like this

• Assuming you must show the developer was at fault beyond simply missing the committed timeline — the Supreme Court has held the s.18 refund right is unconditional on delay.
• Filing in the wrong forum — RERA complaints go to the state Real Estate Regulatory Authority under s.31, not directly to a civil court or consumer commission, though parallel remedies can exist.
• Not checking whether the project itself is registered under RERA, which can affect how the complaint proceeds.

Where this scenario is set (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.

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see RERA Refunds With Interest: Your Right Under Section 18, 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.