Can a RERA Officer Order Your Refund? The Bombay High Court Has an Answer
Imagine you've booked your dream home. You paid almost the entire amount, but the builder fails to deliver the project as promised. Naturally, you approach RERA seeking a refund. RERA hears your case, an Adjudicating Officer orders the builder to refund your money with interest, and you think the battle is over. But what if the builder later says: "The officer who ordered the refund didn't even have the power to do so!" This is exactly the issue the Bombay High Court recently had to decide in Marvel Landmarks Pvt. Ltd. v. State of Maharashtra & Ors., and its answer is reassuring for thousands of homebuyers. What happened? A homebuyer had paid around ₹1.36 crore for a flat. When the builder failed to meet its obligations, the buyer approached MahaRERA seeking a refund. The Adjudicating Officer directed the builder to refund the money along with interest. Interestingly, the builder did not challenge this order before the appellate authority, even though the law gave...
