Published March 31, 2026 | Version 1.0
Journal Open

CRITICAL ANALYSIS OF REFUND AND COMPENSATION MECHANISM UNDER RERA, 2016: ASSESSING PROTECTION OF HOMEBUYERS' RIGHTS IN INDIA

Authors/Creators

  • 1. LLB (Final Semester) AMITY University Noida, U P

Description

The enactment of the Real Estate (Regulation and Development) Act, 2016 marked a significant shift in India's real estate regulatory landscape, particularly by recognising the vulnerabilities of homebuyers who were historically subjected to delayed possession, misleading advertisements, and one-sided contractual terms. Among the most crucial protections introduced under the Act are the provisions relating to refund and compensation, primarily embodied in Sections 18 and 19, which aim to provide financial relief and accountability in cases of default by promoters. This research paper undertakes a critical examination of the effectiveness of these mechanisms in safeguarding the interests of homebuyers. While the statutory framework appears robust on paper, its practical implementation raises several concerns, including delays in enforcement, inconsistent interpretation by regulatory authorities, and difficulties faced by allottees in realising awarded compensation. Through a doctrinal and analytical approach, the paper argues that although RERA has significantly improved the legal position of homebuyers, the refund and compensation framework still suffers from structural and procedural limitations. The study concludes by suggesting reforms aimed at ensuring timely enforcement, uniformity in compensation, and a more buyer-centric dispute resolution mechanism.

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Dates

Available
2026-03-31

References

  • Real Estate (Regulation and Development) Act, No. 16 of 2016 (India).
  • Consumer Protection Act, No. 35 of 2019 (India).
  • Insolvency and Bankruptcy Code, No. 31 of 2016 (India).
  • Indian Contract Act, No. 9 of 1872 (India).
  • Specific Relief Act, No. 47 of 1963 (India).
  • Amrapali Silicon City Pvt. Ltd. v. Union of India, (2019) 8 SCC 610 (Supreme Court of India).
  • Imperia Structures Ltd. v. Anil Patni & Anr., (2020) 10 SCC 783 (Supreme Court of India).
  • Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India, (2017) SCC OnLine Bom 9302 (Bombay High Court).
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. & Ors., (2021) 17 SCC 255 (Supreme Court of India).
  • Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghavan, (2019) 5 SCC 725 (Supreme Court of India).
  • Pioneer Urban Land and Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416 (Supreme Court of India).
  • Swiss Ribbons Pvt. Ltd. v. Union of India, (2019) 4 SCC 17 (Supreme Court of India).
  • Insolvency and Bankruptcy Board of India. (2022). Report on treatment of homebuyers under IBC. IBBI.
  • Law Commission of India. (2022). Real Estate (Regulation and Development) Act, 2016 – A critical appraisal (Report No. 274). Government of India.
  • Ministry of Housing and Urban Affairs. (2022–23). Annual report 2022–23. Government of India.
  • Ministry of Housing and Urban Affairs. (2020). Report on COVID-19 relief measures for real estate sector. Government of India.
  • Ministry of Housing and Urban Affairs. (2023). State-wise performance report on RERA implementation. Government of India.
  • Thomas, K. V. (2007). Report of the high-level committee on urban land policy. Ministry of Urban Development, Government of India.
  • Jain, T. (2021). Enforcement of RERA orders: Challenges and the way forward. NUJS Law Review, 14, 101–120.
  • Kumar, P. (2014). Real estate sector in India: Emergence, growth and prospects. International Journal of Science and Research, 3(2), 441–445.
  • Sharma, S. (2022). RERA and the awareness gap: A field study. Indian Journal of Real Estate Law, 5, 44–55.
  • Maharashtra Real Estate Regulatory Authority Rules, 2017 (India).
  • Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016 (India).
  • Dubai Land Department. (2007). Escrow account law (Law No. 8 of 2007). Government of Dubai.
  • Prabhat Kumar, 'Real Estate Sector in India: Emergence, Growth and Prospects', (2014) 3(2) International Journal of Science and Research 441, 443.
  • K.V. Thomas, Report of the High Level Committee on Urban Land Policy (Ministry of Urban Development, Government of India, 2007) 14.
  • The Real Estate (Regulation and Development) Act, 2016, ss 11, 13, 18, 19, 71.
  • The Real Estate (Regulation and Development) Act, 2016, s 18(1).
  • The Real Estate (Regulation and Development) Act, 2016, s 18(2).
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. & Ors., (2021) 17 SCC 255.
  • The Real Estate (Regulation and Development) Act, 2016, s 88; Imperia Structures Ltd. v. Anil Patni & Anr., (2020) 10 SCC 783.
  • The Real Estate (Regulation and Development) Act, 2016, s 18(1).
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. & Ors., (2021) 17 SCC 255, [31].
  • Ministry of Housing and Urban Affairs, Annual Report 2022-23 (Government of India) 47.
  • Insolvency and Bankruptcy Code, 2016, s 14.
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. & Ors., (2021) 17 SCC 255.
  • Imperia Structures Ltd. v. Anil Patni & Anr., (2020) 10 SCC 783.
  • Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghavan, (2019) 5 SCC 725.
  • Pioneer Urban Land and Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416.
  • Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India, (2017) SCC OnLine Bom 9302.
  • RERA Authority, Maharashtra, Order No. MahaRERA/2022/Order/123 (illustrative example of standardised interest application).
  • Ministry of Housing and Urban Affairs, Report on COVID-19 Relief Measures for Real Estate Sector (Government of India, 2020).
  • Ministry of Housing and Urban Affairs, State-wise Performance Report on RERA Implementation (Government of India, 2023) 22.
  • Insolvency and Bankruptcy Code, 2016, ss 7, 14; Swiss Ribbons Pvt. Ltd. v. Union of India, (2019) 4 SCC 17.
  • Sanjay Sharma, 'RERA and the Awareness Gap: A Field Study' (2022) 5 Indian Journal of Real Estate Law 44, 49.
  • The Real Estate (Regulation and Development) Act, 2016, s 40.