Karnataka RERA Orders Dharwad-Based Builder To Refund ₹38.8 Lakhs To Homebuyer Due To Delay
Live LawKarnataka Real Estate Regulatory Authority bench comprising Neelmani N. Raju has directed the Dharwad-based builder named Skytown Builders and Developers to refund ₹38.8 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. Background Facts The homebuyer booked a residential flat on the ground floor in the builder's project named Skytown Luxuria for a total sale consideration of Rs. Ltd vs. State of Uttar Pradesh & Ors where it was held that if the builder fails to handover the possession of the apartment, plot, or building within the time stipulated under the terms of the agreement, then the homebuyer 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. 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.