Builder Delays and RERA Complaints
Can the society or members be penalized by RERA for any reason? (for example, false info)
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, under the Gujarat RERA Act and Rules, societies or members can be penalized by RERA for various reasons, including providing false information.
Detailed Explanation
Section 59 of the Gujarat RERA Act empowers the Real Estate Regulatory Authority (RERA) to impose penalties on promoters, real estate agents, and allottees for contravention of the provisions of the Act or Rules made thereunder. If a society or its members provide false information or fail to comply with the obligations under RERA, they can be penalized by RERA.
Furthermore, Rule 18 of the Gujarat RERA Rules lays down the procedure for filing complaints with RERA against promoters, real estate agents, or allottees. If a society or its members are found to have provided false information in any documents submitted to RERA, they can face penalties as per the provisions of the Act and Rules.
For instance, if a cooperative housing society submits incorrect details about the project to RERA, such as misleading information about the completion date or amenities provided, RERA can penalize the society for providing false information. Similarly, if individual members of the society provide incorrect financial details or ownership information, they can also face penalties under RERA.
In practice, RERA conducts investigations based on complaints received and verifies the information provided by promoters, agents, or allottees. If any discrepancies or false information are found during the verification process, RERA may initiate penal action against the society or its members.
In case of penalties imposed by RERA, the society or its members have the right to appeal against such penalties before the Real Estate Appellate Tribunal established under the Act. The appeal process involves submitting relevant documents and presenting arguments to challenge the penalty imposed by RERA.
Overall, it is essential for societies and their members to provide accurate and truthful information to RERA to avoid penalties and ensure compliance with the provisions of the Gujarat RERA Act and Rules.
References
Gujarat RERA Act and Rules: https://gujrera.gujarat.gov.in/
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