Right of homebuyer seeking refund and compensation for a delayed project
Section 18 (1) gives two kinds of rights to the homebuyers i.e. right to get a Refund along with Interest and the Right to get Compensation.
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Consumer court have the power to direct refund and compensation in case of delayed delivery of the apartment
The Consumer Protection Act is a wide-ranging provision and it is not a specific resolution like the Insolvency ad Bankruptcy Code and the remedies are simultaneously and mutually exclusive.
Legel remedies to get refund on stalled projects: An Analysis
Section 18(1) of the RERA Act provides for ‘Return of amount and compensation’ which is the base for complaint under section 31 seeking refund, interest and compensation.
How NCLT through IBC can help homebuyers to get refund from defaulting Builders
Hon’ble SC clarified the position of the homebuyers similar to that of a “financial creditor” under the IBC, after this the homebuyers were at a par with banks and financial institutions.
MahaRERA Orders Refund as Project Failed to Receive CC
In a landmark order, the MAHARERA has gone a step ahead in safe guarding the rights of the Homebuyer’s and allowed refund when the developer could not get the Completion Certificate. This will help the buyers protect their money in cases where project is sold and developer fails to get the basic certificates for construction.
MahaRERA orders for Refund – Strikes down a Forfeiture clause as unjust and Deceitful
A milestone judgement by the MahaRERA Authority to ensure the development of the real estate industry by protecting the homebuyer’s interest by balancing the rights of homebuyers as well as project developers.
Homebuyer with refund order is financial creditor, not a homebuyer any more
The homebuyers who have got RERA refund orders and if builder has defaulted in making the payment, you can file case before NCLT under IBC laws
Builders request for setting aside of Refund and Penalty Orders: Is it possible?
Builders requested that Refund and penal orders to be set aside or be reviewed due to the COVID-19 outbreak financial markets are seeing an all-time low.
HRERA-GURUGRAM- Relief for Homebuyers as Adjudicating Officer grants Refund
The Hon’ble Adjudicating Officer took no time and in the short period of a span, gave relief to several homebuyers by granting not only refund but also compensation.
MREAT directed developers to refund the Forfeited Amount
MREAT directed the developers to refund the forfeited amount of Rs. 8.14 lakhs to Jagdish Patel and Pravin Patel within two months.
MahaRERA Directed Epitome Residency to Refund the Amount along with Interest
MahaRERA directs the respondent to refund the amount paid by the complainants to the respondent along with interest under Section-18 of the RERA.
Consumer Forums back in the game-orders full refund in case of Delayed Possession
Chandigarh consumer commission coming to the rescue of the homebuyers has been able to restore its faith among homebuyers.
Wave group to Refund buyer’s money with 12% interest
The hope of Ramkrishna Shard Parsodkar and his wife was shattered in to pieces when the builder failed to give possession after years of booking. That after being tormented at the hands of the builder, the couple was forced to approach the highest Consumer court of the county.
Haryana amend rules to grant Refund again to RERA Authority
The Haryana government amends the Haryana Rera rules in order to bring the power of refund within the purview of Rera authority established at Panchkula and Gurgaon
Homebuyers approach HC against change in RERA Authority jurisdiction in Refund Cases
Homebuyer filed appeal before P & H High court against order Haryana RERA Tribunal which held that RERA authority does’t power to grant refund under RERA.
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