Short Answer

Members can be added or removed as complainants in an existing RERA case by filing a written application for amendment or substitution before the Gujarat Real Estate Regulatory Authority (GUJRERA). The Authority permits such changes under the procedural powers granted by Section 81 of the RERA Act, 2016 and Rule 15 of the Gujarat RERA Rules, 2017, provided there is a valid reason and consent from the existing complainants.

Detailed Explanation

The Real Estate (Regulation and Development) Act, 2016 allows flexibility in RERA proceedings to ensure that all aggrieved buyers can be represented fairly, even if the composition of complainants changes after the case has been filed.

Under Section 31(1) of the Act, any “aggrieved person” (buyer, allottee, or association) can file or participate in a complaint before the RERA Authority.

Further, Section 81 empowers the Authority to regulate its own procedure — this includes allowing the addition, removal, or substitution of complainants or respondents during the hearing process.

The process to add or remove members in a RERA case typically involves the following steps:

Written Application to RERA:

The original complainant or their authorized representative must file a written request addressed to the Secretary or Adjudicating Officer of GUJRERA.

The application should clearly mention the case number, reason for adding/removing members, and include the consent of the affected parties.

Supporting Documentation:

Attach identification (PAN/Aadhaar), allotment letter or sale agreement, and written consent of all current complainants.

If a member wishes to withdraw, include a signed withdrawal letter or affidavit.

Hearing and Approval:

The Authority or Adjudicating Officer reviews the application.

If the amendment does not prejudice the case or delay proceedings, the officer passes an order approving the inclusion or deletion of complainants.

Updated Case Record:

Once approved, the amended complainant list becomes part of the official record, and further notices, hearings, and orders apply to the updated group.

In group or joint RERA complaints, such changes are common — for example, if some members settle privately with the builder, or new flat owners join after purchasing the same units.

Real-world Scenarios

Scenario 1: A group of 25 allottees files a joint RERA complaint. Later, two members sell their flats and request removal from the case. GUJRERA accepts their withdrawal after a written affidavit is filed.

Scenario 2: Three new buyers who purchased unsold flats from the same project want to join the ongoing RERA case. They file an amendment application, and RERA allows their inclusion after verifying ownership documents.

Scenario 3: In a large society’s RERA claim, one complainant passes away. The legal heir submits proof of succession and is added as a substitute complainant through an order by the Authority.

References

Section 31(1) and Section 81 of the Real Estate (Regulation and Development) Act, 2016: Gujarat RERA Act

Rule 15 of the Gujarat RERA Rules, 2017 – Procedure for Filing and Hearing of Complaints: Gujarat RERA Rules