Short Answer

Yes, members of a society can be considered "purchasers" under RERA after taking possession.

Detailed Explanation

As per Section 2(zk) of the Gujarat RERA Act, 2016, a "promoter" includes a person who constructs or converts a building into apartments or develops a real estate project for sale to a member of a cooperative society. This means that when a cooperative society member purchases a unit from a promoter and takes possession, they are considered a "purchaser" under RERA.

Furthermore, Rule 2(1)(zk) of the Gujarat RERA Rules, 2017 elaborates on the definition of a "promoter" in line with the Act. It specifies that a promoter includes a person who constructs or converts a building into apartments or develops a real estate project for sale to a member of a cooperative society. This rule reinforces the inclusion of cooperative society members as purchasers under RERA.

In practice, this means that cooperative society members who have purchased units from a promoter and have taken possession are entitled to the protections and remedies provided under RERA. They can file complaints with the Gujarat RERA Authority in case of any grievances related to delays, quality issues, or any other violations by the promoter.

For example, if a cooperative society member faces delays in possession or construction defects after taking possession of their unit, they can file a complaint with the Gujarat RERA Authority seeking redressal. The Authority will then investigate the matter and take necessary actions to ensure compliance with RERA provisions.

In another scenario, if a promoter fails to deliver promised amenities or facilities to cooperative society members after possession, the affected members can approach the Gujarat RERA Authority for resolution. The Authority can direct the promoter to fulfill their obligations or impose penalties for non-compliance.

Overall, cooperative society members who have purchased units from promoters and taken possession are considered purchasers under RERA, entitling them to the legal protections and remedies available under the Act and Rules.

References

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

• Gujarat RERA Rules, 2017: https://gujrera.gujarat.gov.in/