The Real Estate (Regulation and Development) Act, 2016 created two separate adjudicatory bodies for resolving real estate disputes — the RERA Authority and the Adjudicating Officer. Most homebuyers are aware that RERA exists, but very few understand how it actually works, what the difference between these two bodies is, or what to expect after filing a complaint. This article explains both.
The Structure of RERA in Rajasthan
In Rajasthan, the RERA Authority is established under the Rajasthan Real Estate (Regulation and Development) Rules, 2017. The Authority functions at Jaipur and has jurisdiction over all registered real estate projects in Rajasthan. Alongside the Authority sits the Adjudicating Officer — a separate quasi-judicial officer — and above both is the Real Estate Appellate Tribunal (REAT), which hears appeals.
Understanding which body to approach, and for what relief, is the first decision in any RERA dispute.
RERA Authority — Jurisdiction and What It Can Decide
The RERA Authority under Section 31 of the Act hears complaints by any aggrieved person against a promoter (builder), an allottee (buyer), or a real estate agent for contravention of any provision of the Act or the rules and regulations made under it.
The most common complaints before the RERA Authority involve:
- Delay in handing over possession beyond the date specified in the agreement
- Failure to register the project under Section 3
- Structural defects after possession under Section 14
- Alteration of plans or specifications without buyer's consent
- Non-maintenance of separate escrow account for project funds
- Failure to provide possession along with Occupancy Certificate
The Authority can direct compliance, impose penalties on promoters, and in cases of delay in possession — award interest under Section 18 at the rate prescribed under the Rules for every month of delay from the agreed possession date.
The Adjudicating Officer — Who Is the AO and What Is Different
The Adjudicating Officer is appointed under Section 71 of the RERA Act specifically to adjudicate complaints for compensation. While the Authority deals with regulatory violations and interest on delay, the AO's jurisdiction is to award financial compensation for:
- Loss caused by a false statement or representation by a promoter
- Failure to provide amenities or services as agreed
- Loss arising from defective title to land
- Any other loss or damage caused by the promoter in contravention of the Act
The RERA Authority can order interest on delay and direct compliance. The Adjudicating Officer can award compensation for actual loss and damage. These are separate reliefs — in many cases, a homebuyer needs to approach both forums separately to get complete relief.
RERA Authority vs Adjudicating Officer — A Comparison
| Aspect | RERA Authority | Adjudicating Officer (AO) |
|---|---|---|
| Legal basis | Section 31, RERA Act | Section 71, RERA Act |
| Primary relief | Interest on delay, directions for compliance, penalties | Compensation for loss and damage |
| Who can complain | Any aggrieved person — buyer, builder, or agent | Any person who has suffered loss due to builder's acts |
| Appeal forum | Real Estate Appellate Tribunal (REAT) | Real Estate Appellate Tribunal (REAT) |
| Execution of order | Through District Collector as arrears of land revenue | Through District Collector as arrears of land revenue |
How to File a Complaint Before Rajasthan RERA Authority
Verify project registration — go to rera.rajasthan.gov.in and confirm your project is registered and obtain the RERA registration number. An unregistered project is itself a violation you can complain about.
Gather your documents — agreement for sale, allotment letter, all payment receipts with dates, any correspondence with the builder about possession or defects, and any builder representations in writing or brochure.
File the complaint online — complaints are filed on the Rajasthan RERA portal. The complaint form requires details of the parties, the registered project, the specific violation, and the relief sought. A prescribed fee is payable at the time of filing.
Notice to the opposite party — after filing, the Authority issues notice to the respondent (typically the promoter) to file a reply within the prescribed time.
Hearing — both parties appear before the Authority on the appointed date. Arguments are heard, documents are considered, and the Authority may pass interim directions if required. Multiple hearings are common in contested matters.
Order — the Authority passes a reasoned order directing relief. In delay cases, interest is calculated from the promised possession date to the actual date at the prescribed rate.
Execution — if the promoter does not comply, the complainant can apply for a Recovery Certificate to the District Collector, who can attach and sell the promoter's property to recover the amount.
REAT — When to Appeal
Any person aggrieved by an order of the RERA Authority or the Adjudicating Officer can appeal to the Real Estate Appellate Tribunal (REAT) within 60 days of the order. The REAT can confirm, modify, or set aside the order. An appeal from REAT lies to the Hon'ble Rajasthan High Court.
Limitation — When Must You File
There is no specific limitation period prescribed under RERA for filing complaints before the Authority. However, unreasonable delay in approaching the forum can be raised as a ground against the complainant. It is advisable to file promptly — particularly in delay-of-possession cases where interest runs from the missed possession date and filing early preserves the full period for which interest can be claimed.
Where a homebuyer has a valid complaint under both RERA and the Consumer Protection Act, the choice of forum must be made carefully. Filing under RERA for the same cause of action and then attempting to switch to a Consumer Forum can create procedural complications. Independent legal advice on forum selection before filing is strongly advisable.