Short Answer

Yes, you can withdraw a RERA complaint if you reach a settlement with the builder.

Detailed Explanation

As per Section 31 of the Gujarat RERA Act, 2016, a complainant can withdraw a complaint before the Adjudicating Officer or the Appellate Tribunal if they reach a settlement with the builder. This section allows for the withdrawal of complaints by the complainant with the permission of the Adjudicating Officer or the Appellate Tribunal.

In practice, once a settlement is reached between the parties involved, the complainant can file an application for withdrawal of the complaint along with the settlement agreement before the Adjudicating Officer or the Appellate Tribunal. The concerned authority will review the application and the settlement terms to ensure they are fair and acceptable to both parties.

Real-world Scenarios

• Mr. Patel filed a complaint against a builder for delays in possession of his flat under RERA. After negotiations, they reach a settlement where the builder agrees to compensate Mr. Patel for the delay. Mr. Patel can then apply to withdraw his complaint with the approval of the Adjudicating Officer.

• A group of homebuyers collectively filed a complaint against a developer for project delays. Upon reaching a settlement with the developer regarding possession timelines and penalties, they can collectively withdraw their complaint by submitting the settlement agreement to the Adjudicating Officer.

Reference

• Section 31 of the Gujarat RERA Act, 2016: Gujarat RERA Act and Rules