Practice area

Delayed possession and refund lawyer in Bangalore

Claims against a developer who has missed the agreed possession date, including refund with interest or interest for every month of delay.

When a promoter fails to hand over an apartment or plot by the date in the agreement for sale, Section 18 of the Real Estate (Regulation and Development) Act, 2016 gives the allottee a choice. The allottee may withdraw from the project and claim a refund with interest, or stay in the project and claim interest for every month of delay until possession.

What this work involves

• Reviewing the agreement for sale, allotment letter, payment schedule and demand letters
• Calculating the amount paid and the interest claimable under the Karnataka RERA rules
• Examining the developer's defences, such as force majeure, occupancy certificate or alleged allottee default
• Sending a legal notice where appropriate and preparing the complaint
• Appearing before the Authority and following the order through to recovery

Points that usually decide these cases

The date for possession promised in the agreement, the amounts actually paid, whether the project is registered, and the correspondence between the parties are the core of most claims. Allottees who have signed one-sided clauses or accepted revised timelines should have the documents reviewed before they decide whether to claim a refund or continue.

For a step-by-step view of the process, see the article on how to file a K-RERA complaint.

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