Builder Delays and RERA Complaints
Can we file a RERA complaint as a cooperative society itself if it is registered?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, a cooperative society can file a RERA complaint if it is registered.
Detailed Explanation
Section 18 of the Gujarat RERA Act, 2016 empowers any aggrieved person, including a cooperative society, to file a complaint with the Real Estate Regulatory Authority (RERA) against a promoter for any violations of the provisions of the Act. This means that a registered cooperative society can indeed initiate a complaint under RERA if it has been affected by the actions or inactions of a promoter related to a real estate project.
In practice, if a cooperative society faces issues such as delays in project completion, substandard construction quality, or any other breaches of the agreement by the promoter, it can approach RERA for redressal. The society would need to provide all relevant documents, evidence, and details of the dispute to support its complaint. RERA will then investigate the matter, conduct hearings, and pass appropriate orders to resolve the dispute and provide relief to the society.
For example, if a cooperative housing society is facing significant delays in possession of their units due to the builder's negligence, they can file a complaint with RERA seeking compensation for the delay and proper completion of the project. RERA will then intervene, assess the situation, and ensure that the builder fulfills their obligations towards the society members.
Another scenario could involve a cooperative society discovering discrepancies in the amenities promised by the builder in the project brochure compared to the actual implementation. In such a case, the society can lodge a complaint with RERA to address these discrepancies and ensure that the builder delivers what was initially promised.
In summary, a registered cooperative society has the legal right to file a complaint under RERA against a promoter for any violations or grievances related to a real estate project, and RERA will adjudicate the matter to provide appropriate relief to the society members.
References
Gujarat RERA Act, 2016: https://gujrera.gujarat.gov.in/
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