One of the most common grievances homebuyers in Rajasthan face is a builder who keeps pushing the possession date — months turn into years, and the allottee is left paying EMIs on a home they cannot occupy. The Real Estate (Regulation and Development) Act, 2016 — commonly referred to as RERA — was enacted precisely to address this and give homebuyers enforceable remedies.
What Counts as Delayed Possession?
If the builder has not handed over possession of your flat or plot by the date mentioned in the registered Agreement for Sale, it constitutes a delay under RERA. Even if the builder cites force majeure or project delays, the obligation to pay interest for the delay period generally remains unless the authority specifically grants an extension.
Your Options Under RERA
As an allottee, you have two primary remedies before the Rajasthan Real Estate Regulatory Authority:
- Claim interest for the delay period — at the rate prescribed under the Rajasthan RERA Rules, calculated from the date possession was due until actual possession is handed over.
- Seek a refund with interest — if you no longer wish to wait, you can seek a full refund of all amounts paid along with interest. This is particularly relevant where the project has been stuck for years with no credible timeline.
How to File a Complaint
A complaint is filed before the Rajasthan RERA Authority online through its portal. The complaint must include your agreement for sale, payment receipts, correspondence with the builder, and details of the delay. The Authority issues notice to the builder and adjudicates the matter. If the builder does not comply with the order, execution proceedings can be initiated.
What About REAT?
If you are aggrieved by an order of the RERA Authority, or if the builder has appealed against an order in your favour, the matter goes to the Real Estate Appellate Tribunal (REAT). REAT orders are binding and can be further challenged before the Rajasthan High Court.
A Practical Note
Many allottees delay filing because they hope the builder will eventually deliver. While that optimism is understandable, delay in filing can sometimes complicate matters — particularly where limitation periods apply or the builder files for insolvency. Early legal advice specific to your agreement and project status is always advisable.