The RERA Act permits the homebuyer, otherwise known as an allottee, to withdraw from the real estate agreement, whether or not the developer is at default. In such a scenario, the developer is obliged to refund the amount paid by the allottee within a period of 90 days of the allottee’s withdrawal, after deducting the amount paid for the allotment.
If a promoter fails to complete a project within the stipulated time or is unable to provide possession of the real estate property due to any reason whatsoever, the promoter must refund to the homebuyer, any amount received for the property. In addition to refund of the amount paid, the promoter is also required to pay an interest at the prescribed rate in this behalf including compensation.
Finally, the promoter is also required to compensate a homebuyer on any losses caused due to a defective title of the land, on which the project is/has been developed.
In case of delay and if the buyer is unwilling to withdraw from the contract, the promoter is obligated to pay the necessary interest until the project is completed. However, if the delay occurs due to any natural or other calamities which is not in the control of the developer, the promoter is not obligated to make any payment of interest.
You secure the evidences in your possession and produce them before the authority while filing your claim petition before RERA.