Short Answer

If a builder challenges the applicability of RERA in court, the RERA complaint process may be put on hold until the court decides on the matter.

Detailed Explanation

Rule 3(1) of the Gujarat RERA Rules states that any aggrieved person can file a complaint with the Real Estate Regulatory Authority (RERA) for any violation of the provisions of the RERA Act. However, if the builder challenges the applicability of RERA in court, the complaint process may be affected. In such a scenario, the RERA complaint proceedings may be stayed or delayed until the court makes a decision on the builder's challenge.

Section 31 of the Gujarat RERA Act empowers the Regulatory Authority to adjudicate complaints and impose penalties on builders for non-compliance. If the builder has challenged RERA's jurisdiction or applicability, the complainant may need to wait for the court's decision before RERA can proceed with the complaint. This delay could impact the resolution timeline for the complaint and may prolong the legal process for both parties involved.

Practical Examples

• Mr. Patel files a complaint against a builder for delayed possession under RERA. However, the builder challenges RERA's jurisdiction in court. As a result, the RERA complaint proceedings are put on hold until the court decides on the matter.

• A group of homebuyers lodge a complaint with RERA regarding substandard construction quality. The builder disputes RERA's authority over the matter and takes the issue to court, causing a delay in the complaint resolution process.

Reference

• Rule 3(1) of the Gujarat RERA Rules

• Section 31 of the Gujarat RERA Act