Bought a flat in a delayed housing project? Bombay HC clarifies your right to interest and refunds

In a significant relief for homebuyers, the Bombay High Court has clarified that buyers are entitled to interest for delays in housing projects regardless of whether they choose to exit the project or continue and take possession of their property.

The ruling is in a case that involves the housing project created by the developers named Runwal Developers, located in the Mulund region in the city of Mumbai. According to the discussion on Zee Business surrounding the judgment, the project was launched in 2006 but had been delayed for almost a decade. The High Court upheld a decision of the Maharashtra Real Estate Appellate Tribunal (MahaRERA Tribunal).

Why delayed housing projects often lead to disputes over interest

The judgment addresses a long-standing source of confusion among homebuyers. There have been situations where the developer has refused to pay interest on delayed developments because the buyer has taken possession of his or her home. Developers often argued that once possession is accepted, there is no reason why they have to pay interest. Similarly, homebuyers who decided to abandon delayed projects found it hard to recover their refund and interest.

Homebuyers entitled to interest whether they exit or stay in the project

The High Court has now made it clear that the key issue is the delay in the project itself. Whether a buyer remains in the project or exits it, interest for the period of delay is payable.

What happens if you exit a delayed housing project?

Explaining the principle, the court clarified that if a project is delayed by one year and a buyer chooses to withdraw from it, the buyer would be entitled to receive the full refund of the amount paid, along with interest for the one-year delay period. On the other hand, if a buyer decides to take possession of the property despite the delay, the buyer would still be entitled to interest for the delayed period in addition to receiving possession.

Does taking possession end your right to claim interest?

The judgment therefore establishes that taking possession of a delayed property does not extinguish a homebuyer's right to claim interest for the period during which the project remained delayed.

An important aspect of the ruling is the court's observation regarding the role of homebuyers in real estate projects. According to the High Court, the home buyer should not only be seen as the purchaser of the real property. As buyers put their money in early into the development project, entrusting it to the developer, they become a financial support for the building of these projects. Without funds from home buyers, no housing project could be completed.

During the proceedings, the developer asserted that the delay was because of externalities like approval among others, which could not have been controlled. The discussion around the judgment acknowledged that such situations do arise and that delays are not always entirely attributable to developers. However, the court emphasised that regardless of the reasons behind a delay, it is ultimately the homebuyer who bears the consequences. As a result, the interests of homebuyers must be protected.

Impact on RERA cases and pending homebuyer disputes

The ruling is also expected to provide greater clarity in cases pending before the Real Estate Regulatory Authority (RERA) and various courts. Homebuyers involved in disputes over delayed projects will now have clearer guidance regarding their entitlement to interest.

Key takeaway for homebuyers in delayed real estate projects

According to the discussion surrounding the judgment, the High Court has made it clear that if there is any delay in the project, the homebuyers have a right to interest during the complete period of such delay, irrespective of whether they go ahead with the project or opt out of it and seek refunds.

The decision is being viewed as a major victory for homebuyers and an important move in the direction of strengthening consumer protection in the real estate market.