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Rera Refund under Section 18 point 1 & 2
05-Dec-2023 (In Civil Law)
Can Rera Court offer relief under Section 18 for a registered plot?
Dear Sir,
Section 18 of RERA, 2016 clearly stipulates that there must be an agreement for sale for invoking Section 18. The allottee/ home buyer gets a refund only when the promoter/ builder is unable to give possession as per the date written in the agreement for sale or if he fails to complete the apartment in accordance with the terms of agreement for sale. Therefore, section 18 has no role to play, in the absence of any agreement for sale. It is necessary to bring in mind that the first stage is issuance of allotment letter and the subsequent stage is execution of the agreement for sale.
Section 18 of RERA, 2016 clearly stipulates that there must be an agreement for sale for invoking Section 18. The allottee/ home buyer gets a refund only when the promoter/ builder is unable to give possession as per the date written in the agreement for sale or if he fails to complete the apartment in accordance with the terms of agreement for sale. Therefore, section 18 has no role to play, in the absence of any agreement for sale. It is necessary to bring in mind that the first stage is issuance of allotment letter and the subsequent stage is execution of the agreement for sale.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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