Short Answer

Yes, cooperative housing members can seek damages in court for delay even if RERA is pending.

Detailed Explanation

Section 18 of the Gujarat RERA Act, 2016 empowers the Regulatory Authority to adjudicate disputes and claims related to delays in project completion. However, this does not prevent cooperative housing members from seeking damages in court for delays. The Act does not restrict the rights of individuals to pursue legal remedies through the judicial system.

Furthermore, Rule 18 of the Gujarat RERA Rules, 2017 provides for the filing of complaints with the Regulatory Authority for grievances related to project delays. While RERA offers a specialized forum for resolving such disputes, it does not preclude individuals from approaching the civil court for seeking damages.

In practice, cooperative housing members facing delays in project completion can choose to file complaints with RERA for speedy resolution or opt to pursue legal action in court for claiming damages. This dual approach allows individuals to explore different avenues for seeking redressal based on their specific circumstances.

Real-world Scenarios

• Mr. Patel, a member of a cooperative housing society, filed a complaint with RERA regarding significant delays in the construction of their building. Despite RERA's intervention, the delays persisted, leading Mr. Patel to file a lawsuit in the civil court seeking compensation for the financial losses incurred due to the delay.

• A cooperative housing society in Ahmedabad faced prolonged delays in the possession of their apartments. While some members approached RERA for resolution, others decided to collectively file a case in court against the builder for compensation for the inconvenience and financial hardships caused by the delay.

• In a scenario where RERA proceedings are ongoing but fail to provide adequate relief to cooperative housing members, they retain the right to approach the court for seeking damages and compensation for the delays suffered, ensuring that their legal rights are protected through multiple avenues.

References

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

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