Short Answer

Yes, a tenant of an allottee can file or join a RERA complaint.

Detailed Explanation

Section 18 of the Gujarat RERA Act allows any aggrieved person, including a tenant, to file a complaint with the Real Estate Regulatory Authority (RERA). This section empowers tenants of allottees to seek redressal for any grievances related to the property they are occupying. It ensures that tenants are not left helpless in cases of builder delays or other issues affecting their rights as occupants.

Furthermore, Rule 8 of the Gujarat RERA Rules specifies the procedure for filing a complaint with RERA. It outlines the requirements for submitting a complaint, including the details to be provided and the documents to be attached. This rule ensures that the complaint process is standardized and transparent for all parties involved.

In practice, a tenant of an allottee can file a RERA complaint independently if they are facing issues such as construction delays, lack of amenities, or any other violations by the builder. Alternatively, the tenant can also join an existing RERA complaint filed by the original buyer, as long as their grievances are related to the same project and the same builder.

Real-world Scenarios

• Scenario 1: A tenant in a residential project facing water leakage issues due to poor construction quality can independently file a RERA complaint seeking resolution from the builder.

• Scenario 2: In a commercial project, a tenant experiencing delays in possession can join an ongoing RERA complaint filed by the original buyer to collectively address the builder's non-compliance.

Reference

• Section 18 of the Gujarat RERA Act

• Rule 8 of the Gujarat RERA Rules