# Supreme Court: Buyers can seek refund with interest if builder delays possession

2026-08-23T14:13:02+00:00 | Governance | Indian Opinion Desk

Corroboration: 1 independent outlet

The Supreme Court has ruled that homebuyers are entitled to seek a refund of the money paid to a builder, along with reasonable interest, if the builder fails to deliver possession of the property within the stipulated time. The court made the observation while dismissing an appeal by a builder, M/s. Airtech Projects Engineers Pvt. Ltd., against a National Consumer Disputes Redressal Commission (NCDRC) order that had directed it to refund the amount paid by a buyer for a flat in Noida.

## Indian Opinion Analysis

This judgment reinforces the consumer-friendly stance of the apex court in real estate disputes. It clarifies that the Consumer Protection Act offers a remedy separate from RERA, meaning a buyer can choose either forum. The key legal point is that a builder cannot hold a buyer's money indefinitely without delivering the flat. The next step for affected buyers is to check if their builder has crossed the agreed possession deadline, as this ruling gives them a stronger case for a full refund with interest in consumer courts.

## Coverage

- livelaw.in <https://www.livelaw.in/sc-judgments/2026-livelaw-sc-851-lakshmi-mohan-dead-through-lrs-anr-versus-ms-airtech-projects-engineers-pvt-ltd-anr-with-connected-cases-547006>
  Straight court judgment reporting, no editorial slant, only the legal holding and parties involved.

This story was synthesised by AI from the source linked above.

Tags: homebuyers, NCDRC, RERA, Supreme Court
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