16-September-2026
Insolvency
 
Homebuyers cannot ask for refunds under RERA against IBC plan: NCLT
16-Sep-2026

The individual homebuyers cannot claim refund under Real Estate (Regulation and Development) Act (RERA) if it is in conflict with an insolvency resolution plan backed by the majority of homebuyers, the National Company Law Tribunal (NCLT) Mumbai bench has said in a recent order. The tribunal also held that a new developer taking over a project through insolvency cannot be bound by all contractual terms agreed between the original developer and buyers. The September 9 ruling is crucial because it establishes that buyers’ rights under Section 18 of RERA may change once a project enters insolvency and a resolution plan is approved. The tribunal also made clear that Section 238 of the Insolvency and Bankruptcy Code (IBC) gives the law overriding powers when its provisions conflict with another law.

News Source:- https://www.financialexpress.com/business/news/homebuyers-cannot-ask-for-refunds-under-rera-against-ibc-plan-nclt/4339780/?ref=business_hp