Short Answer

Yes, the society can sue the builder under RERA for structural defects arising after possession.

Detailed Explanation

Section 14 of the Gujarat RERA Act, 2016 empowers the aggrieved party, which in this case would be the society, to file a complaint with the Real Estate Regulatory Authority (RERA) against the builder for any structural defects that arise after taking possession of the property. The Act mandates that the builder is responsible for rectifying such defects within a specified time frame.

Furthermore, Rule 18 of the Gujarat RERA Rules, 2017 outlines the procedure for filing a complaint with the RERA authority. The society would need to provide detailed information about the structural defects, along with supporting evidence, and request the authority to direct the builder to rectify the issues.

In practice, the society should first attempt to resolve the matter amicably with the builder before escalating it to the RERA authority. If the builder fails to address the structural defects within the stipulated time or refuses to cooperate, the society can then proceed to file a formal complaint with RERA.

Real-world Scenarios

• Scenario 1: A society discovers plumbing leaks in multiple units of a building constructed by a builder. Despite repeated complaints, the builder fails to address the issue satisfactorily. The society can file a complaint with RERA under Section 14 for resolution.

• Scenario 2: Cracks start appearing in the walls of a newly constructed apartment complex due to poor construction quality. The society, noticing the structural defects, can approach RERA for intervention and necessary action against the builder.

• Scenario 3: After taking possession of a building, the society realizes that the foundation is weak, leading to structural instability. By filing a complaint under RERA, the society can hold the builder accountable for the defects and seek appropriate remedies.

References

• Section 14 of the Gujarat RERA Act, 2016: Gujarat RERA Act and Rules

• Rule 18 of the Gujarat RERA Rules, 2017: Gujarat RERA Act and Rules