Short Answer

Yes, even small discrepancies such as minor area shortfalls can be grounds for RERA intervention.

Detailed Explanation

Section 12 of the Gujarat RERA Act, 2016 empowers the Real Estate Regulatory Authority to intervene in cases where there are discrepancies in the area of the property being sold. This means that even minor deviations from the agreed-upon area can be considered a violation of the RERA Act. In practice, this provision ensures that buyers are protected from unscrupulous builders who may try to deceive them by providing less area than promised.

For example, if a builder advertises a flat as 1000 square feet but upon possession, the actual area is found to be only 950 square feet, this would constitute a minor area shortfall. In such a scenario, the buyer can file a complaint with RERA for intervention. RERA will then investigate the matter and take appropriate action against the builder, which could include penalties or rectification of the discrepancy.

Another scenario could involve a builder promising certain amenities or facilities within the project but failing to deliver them as per the agreement. Even though these discrepancies may seem minor, they still fall under the purview of RERA intervention to ensure that buyers receive what was promised to them.

In such cases, the step-by-step process would involve the buyer filing a complaint with RERA, providing evidence of the discrepancy, and RERA conducting an investigation to determine the extent of the violation and the appropriate action to be taken.

Reference

• Gujarat RERA Act, 2016: https://gujrera.gujarat.gov.in/