
Delay In Handing Over Possession, Karnataka RERA Directs Ozone Urbana Infra Developers To Refund 82 Lakhs To Homebuyer
Live LawKarnataka Real Estate Regulatory Authority bench, comprising Neelmani N Raju, has directed the builder, Ozone Urbana Infra Developers, to refund Rs. Background Facts The homebuyer purchased a flat in the builder's project named Urbana Avenue, which was part of the integrated township project Ozone Urbania. Ltd vs. State of Uttar Pradesh & Ors, where it was held that if the builder fails to give possession of the apartment, plot, or building within the time stipulated under the terms of the agreement, then the homebuyer's right under the RERA, 2016 to seek a refund or claim interest for delay is unconditional and absolute, regardless of unforeseen events or stay orders of the Court/Tribunal. The authority also referred the Supreme Court decision in the case of M/s Imperia Structures Limited v. Anil Patni & Another, where it was held that under Section 18 of the RERA Act, if a builder fails to complete or give possession of an apartment by the specified date, the builder must return the amount received if the homebuyer wishes to withdraw from the project.
History of this topic

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