Legal Remedies and Registrar Complaints

Can members approach RERA or consumer forums for society maintenance issues?

Members can approach RERA for society maintenance issues.

Members can approach RERA for society maintenance issues.

Written By: GatePal Analyst

Last Updated on

Short Answer

Members can approach RERA for society maintenance issues.

Detailed Explanation

As per Section 3 of the Gujarat RERA Act, 2016, the Real Estate Regulatory Authority (RERA) has the power to regulate and promote the real estate sector, including cooperative housing societies. This means that members facing maintenance issues in their society can approach RERA for resolution.

Additionally, Rule 19 of the Gujarat RERA Rules, 2017, provides for the filing of complaints with the Authority regarding any violations of the provisions of the Act or Rules. Therefore, if a cooperative society is not fulfilling its maintenance obligations or there are discrepancies in the management of common areas, members can file a complaint with RERA.

In practice, members should gather evidence of the maintenance issues faced in the society, such as lack of repairs, inadequate facilities, or mismanagement of funds. They can then submit a formal complaint to RERA, detailing the specific grievances and requesting appropriate action.

Real-world Scenarios

  • Scenario 1: A cooperative society fails to carry out regular maintenance of the building, leading to safety hazards for residents. Members can approach RERA to intervene and ensure necessary repairs are conducted promptly.

  • Scenario 2: There are disputes among society members regarding the utilization of maintenance funds, causing delays in essential upkeep activities. In this case, approaching RERA can help in resolving the financial mismanagement issues.

Reference

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

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

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