What RERA covers

The Real Estate (Regulation and Development) Act, 2016 (RERA) applies to projects of more than 500 sqm plot area or 8 apartments. The promoter must register the project, maintain 70% of receivables in a separate escrow, and deliver possession by the date in Form RERA-A. Common reliefs allottees seek are (i) refund with interest under Section 18 if they choose to exit, or (ii) possession with delay-interest if they want to continue.

Forums and timelines

Complaints under Section 31 are filed before the Rajasthan Real Estate Regulatory Authority (RERA) at Jaipur. Appeals lie under Section 44 to the Rajasthan Real Estate Appellate Tribunal (REAT). Statutory disposal under Section 29(4) is 60 days; in practice 4–9 months. Pre-deposit of the disputed amount is required for promoter appeals.

Refund vs possession — which to seek

Section 18 RERA gives the allottee a one-time choice: (a) withdraw and recover entire amount paid with interest at SBI MCLR + 2% from date of each instalment till refund, or (b) continue and receive possession with the same rate of interest for the period of delay. The choice once exercised is generally treated as binding — Newtech Promoters v. State of UP (2021) 4 SCC 209.

Compounding force majeure / COVID claims

Promoters frequently invoke COVID, RBI moratorium and government clearances as force majeure. RERA recognises some of these — see the RERA notification of 18 May 2020 extending registration by 6 months — but the Supreme Court in Newtech Promoters held this does not absolve the developer of refund liability where the project was already delayed.

How a complaint is drafted

Pleadings should set out: (i) project registration number and Form-A details; (ii) booking date, allotment letter, sale-deed/builder-buyer agreement; (iii) instalment schedule and payments made (with proof); (iv) date of possession promised and actual delay; (v) representations made; (vi) calculation of interest. Annexures: builder-buyer agreement, receipts, project brochure, communications, and SBI MCLR rates.