RERA Refund for Delayed Flat Possession in Karnataka
Many homebuyers in Bengaluru face long delays in getting possession of their flat. The Real Estate (Regulation and Development) Act, 2016 (RERA) gives buyers a clear remedy.
Your rights under Section 18
If the builder fails to hand over possession by the date in the agreement for sale, you can choose one of two options:
- Withdraw from the project and get a refund of the amount paid, with interest.
- Stay in the project and get interest for every month of delay until possession.
The Supreme Court has held that a homebuyer’s right to a refund for delay is unconditional, subject to the law.
Where to file
Complaints are filed online before the Karnataka Real Estate Regulatory Authority (K-RERA) under Section 31. The project should be registered with K-RERA. You can check its registration and promised completion date on the K-RERA website.
Documents you need
- Agreement for sale and allotment letter
- Payment receipts and bank statements
- Home loan documents, if any
- Emails and letters with the builder
After the order
If the builder does not pay, the order can be enforced. Either side can appeal to the Real Estate Appellate Tribunal within 60 days.
RERA or Consumer Commission?
Homebuyers can often choose between K-RERA and the Consumer Commission. The right choice depends on the facts, the amount and the relief you want. Take advice before filing.
To speak to an advocate, call +91 63660 42792 or email contact@baselegal.in. You can also send us a message. Read more about our Service Matters & RERA practice.
This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.