Short Answer

Yes, a society can transfer its RERA claims to a different forum such as arbitration if the builder proposes.

Detailed Explanation

Rule 21 of the Gujarat RERA Rules, 2017 allows for the transfer of complaints from RERA to other forums with the consent of both parties. This means that if the builder proposes to transfer the RERA claim to arbitration and the society agrees, the claim can be moved to arbitration. In practice, this process requires mutual agreement between the parties involved. The RERA authority will facilitate the transfer based on the consent of both the society and the builder.

In a real-world scenario, if a builder proposes arbitration for resolving disputes related to delays or quality issues in a housing project, the society can agree to transfer the RERA claim to arbitration. This may happen when both parties find arbitration to be a more suitable and efficient forum for dispute resolution. The step-by-step process involves formal communication between the society and the builder expressing consent to transfer the RERA claim to arbitration, followed by informing the RERA authority about the decision.

For instance, if a housing society files a complaint with RERA against a builder for project delays, and the builder suggests resolving the matter through arbitration, the society can choose to transfer the claim to arbitration. This flexibility allows parties to opt for alternative dispute resolution mechanisms based on their preferences and mutual agreement.

Reference

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