Builder Delays and RERA Complaints
Do we need to form a separate association of owners to file a RERA complaint, or can each buyer file individually?[14]
Written By: GatePal Analyst
Last Updated on
Short Answer
Each buyer can file a RERA complaint individually without the need to form a separate association of owners.
Detailed Explanation
As per Section 18 of the Gujarat RERA Act, 2016, any aggrieved person, which includes individual buyers, can file a complaint with the Real Estate Regulatory Authority (RERA) against the promoter for any violation of the provisions of the Act or the rules and regulations framed under it. This means that individual buyers have the right to directly approach RERA without forming a separate association of owners. In practice, this provision empowers buyers to seek redressal for delays, quality issues, or any other grievances they may have against the promoter.
For example, if a buyer has not received possession of their property within the agreed-upon timeline, they can file a complaint with RERA individually. Similarly, if there are discrepancies in the construction quality compared to what was promised by the promoter, individual buyers can seek resolution through the RERA complaint mechanism. This process allows buyers to protect their rights and interests without the need for collective action.
Another scenario where individual buyers can file RERA complaints is in cases of financial irregularities or fraudulent practices by the promoter. By enabling individual complaints, the RERA Act ensures that each buyer has a direct channel to address their concerns and seek appropriate remedies.
In summary, the Gujarat RERA Act allows each buyer to independently file a complaint with the authority, eliminating the requirement to form a separate association of owners for this purpose.
References
Gujarat RERA Act and Rules: https://gujrera.gujarat.gov.in/
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