Real Estate Maharashtra

Refund Without OC: Bombay HC Gives Big Relief To Homebuyers

2026-09-30 · GeoSquare News Scraper

The Bombay High Court has ruled that homebuyers do not have to wait for an occupation certificate (OC) to claim a refund from a delayed housing project. The decision strengthens the rights of flat buyers under the Real Estate (Regulation and Development) Act, 2016.

What the ruling means

If a developer fails to deliver possession within the agreed timeline, a homebuyer can demand a full refund with interest. The court made it clear that the refund right is not conditional on the project receiving an OC or completion certificate.

Impact on Maharashtra homebuyers

The order upholds the November 2023 decision of the Maharashtra Real Estate Appellate Tribunal, which had removed a concession that allowed developers to avoid paying full refunds. For buyers, this means they no longer need to wait indefinitely for a project to be completed before recovering their money.

Homebuyers with delayed projects can approach MahaRERA or the consumer forum with their refund claims. The ruling is expected to boost buyer confidence in Maharashtra's residential market.