Builder Delayed Your Property?

Here’s How to Get a Refund with Interest!

Case: Refund Claim under RERA – Ozone Urbana Project

1 min read

Introduction 
This case, filed under Sections 12 and 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA), involves a complaint against the project Ozone Urbana for refunding the paid amount of ₹38,00,998/- with interest. The complainant cited the respondent’s failure to adhere to the agreement terms, including delay in project completion and changing the possession date without consent.

Key Facts of the case:

1. Agreement Details:
   • Initial sale agreement dated 10.07.2018.
   • Revised agreement on 25.10.2021 included the complainant’s husband as a co-buyer.
2. Project Completion Dates:
   • Original completion date: December 2022.
   • Revised completion date (without consent): September 2023.
3. Payments:
   • The complainants paid ₹38,00,998/-.
4. Complaint Filing:
   • The complainants filed a case for refund with interest citing non-completion of the project and sought relief under Section 18 of RERA.

Proceedings

●        The complainants presented payment receipts, agreements, and a memo of calculation (MOC), showing the total refund due with interest as ₹61,60,638/-.

●        On 06.01.2025, the respondent again failed to file objections and sought further time. Objections were filed by the builder but lacked critical evidence or documents showing the project’s status.

Findings and Conclusion

1. Entitlement to Refund:
   • Under Section 18 of RERA, the promoter must refund the amount with interest if the buyer withdraws due to delays or non-compliance.
   • The respondent neither contested the claim with valid evidence nor provided proof of project completion.
2. Refund Determination:
   • Principal amount paid: ₹38,00,998/-
   • Interest calculated: ₹23,59,640/- (up to 01.12.2024)
   • Total refund amount: ₹61,60,638/-
   • Interest continues to accrue until the final payment is made.
3. Order:
   • The respondent must refund ₹61,60,638/- within 60 days, including additional interest from 02.12.2024 until the final payment date.
   • Complainants may initiate legal recovery if payment is delayed.