As per provisions of Real Estate (Regulation and Development) Act, 2016, in cases where Home Buyers have booked flats/plots with Developers and possession has not been handed over to them within the promised time as prescribed under the Builder-Buyer Agreement, they are entitled to the following reliefs:-
1. Buyer can seek handover of possession along with interest on every month of delay till possession is actually handed over by the Developer.
2. Buyer can claim refund of the entire amount paid to the Developer along with interest on every month of delay till refund is actually given by the Developer, if the Buyer does not want to take possession.
Buyers can file Complaint before the concerned Authority (RERA) for seeking these reliefs. Some judgments where courts have granted such reliefs are below:-
It is noteworthy that Buyers can also approach the concerned Consumer Commission/Forum to remedy their grievances against the developer/builder. The Supreme Court of India has clarified the position in this landmark judgment.
As discussed in a previous post, UP-RERA has been hearing matters through video conferencing, during lockdown. Haryana Real Estate Appellate Tribunal also has followed suit.
