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CS Executive · Economic, Commercial and Intellectual Property Laws · Real Estate Regulation and Development Law

Sharma Developers fails to give possession of Kavita's flat as per the agreement for sale. Under section 19 of RERA, 2016, which right is available to Kavita against the promoter?

Kavita can claim refund of the amount paid along with interest at the prescribed rate, and compensation as provided under the Act. This right arises when the promoter fails to give possession in accordance with the agreement for sale, or cannot do so because registration was suspended or revoked.

  1. ARefund of the amount paid with prescribed interest and compensation as provided under the ActCorrect
  2. BRefund of the principal amount only, without interest
  3. COnly a revised possession date fixed by the Authority
  4. DPossession of common areas in her individual name

Explanation

Section 19(4) entitles the allottee to claim refund of the amount paid along with interest at the prescribed rate and compensation as provided under the Act, if the promoter fails to comply or is unable to give possession per the agreement. Refund of principal alone ignores the interest and compensation.

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