Builder Delays and RERA Complaints
Does RERA cover disputes over repayment schedules or collection of additional advances?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, RERA covers disputes over repayment schedules or collection of additional advances.
Detailed Explanation
As per Section 18 of the Gujarat RERA Act, 2016, the promoter is required to adhere to the agreed-upon repayment schedule for the property. If there are any deviations or delays in the repayment schedule, the buyer has the right to file a complaint with the Real Estate Regulatory Authority (RERA). RERA will then investigate the matter and take necessary actions to ensure compliance with the repayment terms.
Furthermore, Rule 14 of the Gujarat RERA Rules, 2017, states that any demand for additional advances by the promoter beyond the agreed terms is prohibited unless specified in the agreement. If the promoter insists on collecting additional advances without proper justification, the buyer can raise a complaint with RERA for resolution.
In practice, if a buyer faces issues with repayment schedules or unauthorized demands for additional advances by the promoter, they can approach RERA by filing a complaint online or through the designated channels. RERA will then conduct an inquiry, mediate between the parties, and issue appropriate orders to resolve the dispute.
Real-world Scenarios
Scenario 1: A buyer notices that the developer is deviating from the repayment schedule mentioned in the agreement and is demanding early payments. The buyer can file a complaint with RERA under Section 18 of the Gujarat RERA Act for intervention and resolution.
Scenario 2: A promoter asks the buyer to provide additional advances beyond the agreed terms without any valid reason. The buyer can lodge a complaint with RERA citing Rule 14 of the Gujarat RERA Rules to address the unauthorized demand.
Reference
Section 18 of the Gujarat RERA Act, 2016
Rule 14 of the Gujarat RERA Rules, 2017
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