No Forced Possession In Delayed Projects: REAT Jaipur Clarifies Scope Of Refund Rights

Introduction

The Real Estate Appellate Tribunal, Jaipur ("REAT"), in Satish Sharma v. VVA Developers Pvt. Ltd.¹, has delivered a significant ruling clarifying the scope of an allottee's right to refund under the Real Estate (Regulation and Development) Act, 2016 ("RERA Act"). The decision of REAT Jaipur reiterates that project delay, non-execution of the Agreement for Sale, and arbitrary substitution of units decisively tilt the balance in favour of the allottee, even where partial completion certificates have been obtained by the promoter. This judgment is particularly relevant for homebuyers caught in long-delayed projects and for promoters seeking to rely on partial completion or alternative possession offers to defeat refund claims.