Short Answer

Yes, individual members can file RERA complaints even if the society as a whole has not agreed.

Detailed Explanation

As per Section 31 of the Gujarat RERA Act, 2016, any aggrieved person can file a complaint with the Real Estate Regulatory Authority (RERA) against the promoter, allottee, or real estate agent for any violation of the provisions of the Act or Rules. This means that individual members of a cooperative society can independently approach RERA to address their grievances related to builder delays or any other issues, without requiring the consent of the society as a whole.

In practice, this provision empowers individual members to seek redressal for their specific concerns without being dependent on the collective decision of the entire society. For example, if a member faces delays in possession of their apartment due to the builder's fault, they can directly file a complaint with RERA to seek timely completion of the project or compensation for the delay.

Another scenario could involve discrepancies in the amenities promised by the builder and the actual delivery. In such cases, individual members can approach RERA to ensure that the builder fulfills the promised amenities or provides suitable compensation for the shortfall.

The process for filing a RERA complaint individually involves submitting a detailed complaint outlining the issues faced, providing relevant documents and evidence, and attending hearings as required by RERA. By allowing individual members to file complaints independently, the Act ensures that the rights and interests of all stakeholders, including members of cooperative societies, are protected.

References

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