Short Answer

Yes, the society can recover legal fees or costs awarded by RERA from the builder.

Detailed Explanation

As per Section 18 of the Gujarat RERA Act, 2016, any order passed by the Real Estate Regulatory Authority (RERA) can be enforced as a decree of a civil court. This means that if RERA awards legal fees or costs in favor of the society, the society can recover these amounts from the builder as if it were a court decree. In practice, the society would need to file an execution application before the appropriate court to recover these costs.

Additionally, Rule 29 of the Gujarat RERA Rules, 2017 provides for the procedure for execution of orders and decisions of RERA. This rule outlines the steps that need to be followed by the society to enforce the order for legal fees or costs against the builder. The society would need to follow the prescribed procedure under this rule to recover the awarded amounts.

For example, if a society files a complaint with RERA against a builder for delays in project completion and RERA awards legal fees in favor of the society, the society can initiate the execution process to recover these fees from the builder. The society would need to approach the appropriate court with the RERA order and follow the necessary legal steps to enforce the recovery.

In another scenario, if a builder fails to comply with the orders of RERA and incurs legal costs for the society, the society can utilize the provisions of Section 18 of the Gujarat RERA Act to recover these costs as a civil court decree. This mechanism ensures that the society can seek reimbursement for legal expenses incurred due to builder delays or non-compliance with RERA orders.

Reference

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

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