Short Answer

Yes, members can pursue RERA complaints in parallel with cooperative court cases without conflict.

Detailed Explanation

Section 18 of the Gujarat RERA Act, 2016 allows aggrieved allottees to file complaints with the Real Estate Regulatory Authority (RERA) for any violations by the builder. This means that members facing delays or other issues with a cooperative housing project can approach RERA for redressal. The RERA complaint process is separate from cooperative court cases and does not conflict with them.

On the other hand, Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to resolve disputes through the cooperative court. Members can file cases in the cooperative court for issues related to the cooperative society itself. These cases may involve disputes over membership, elections, management, or any other internal matters of the society.

In practice, if a member is facing delays in possession of their flat from the builder, they can simultaneously file a complaint with RERA for the builder's non-compliance with project timelines. At the same time, if there are disputes within the cooperative society regarding maintenance charges or any other internal matters, the member can approach the cooperative court for resolution.

Real-world Scenarios

• Mr. Patel, a member of a cooperative housing society, is facing delays in the possession of his flat. He files a complaint with RERA against the builder for the delay. Simultaneously, he initiates a case in the cooperative court for the society's failure to provide basic amenities as promised.

• Ms. Shah, another member, is in a dispute with the society's management regarding unauthorized charges. She approaches the cooperative court for resolution while also lodging a complaint with RERA for the builder's poor construction quality.

Reference

• Section 18 of the Gujarat RERA Act, 2016

• Section 91 of the Gujarat Cooperative Societies Act, 1961