Builder Delays and RERA Complaints
How long does the RERA case process typically take in Gujarat?
Written By: GatePal Analyst
Last Updated on
Short Answer
In Gujarat, a typical RERA case takes about 3 to 6 months to be resolved by the Gujarat Real Estate Regulatory Authority (GUJRERA), depending on the complexity of the complaint, supporting evidence, and the cooperation of both parties.
Detailed Explanation
The Real Estate (Regulation and Development) Act, 2016 mandates that all state RERA authorities — including Gujarat RERA (GUJRERA) — must ensure speedy and time-bound disposal of complaints related to delayed possession, refunds, or builder misconduct.
Under Section 29(4) of the RERA Act, 2016, RERA authorities are expected to decide cases “as expeditiously as possible,” ideally within 60 days from the date of filing. However, in practice, the actual timeline may vary depending on several factors:
Nature and Complexity of the Case:
Simple cases like refund or delayed possession without dispute often conclude within 3–4 months.
Complex cases involving multiple buyers, fraud allegations, or disputed project approvals may take 6–9 months or more.
Availability of Documents:
The faster the complainant submits complete documentation (agreement, payment proofs, correspondence, etc.), the sooner the case proceeds.
Hearing Schedule and Response from the Builder:
The process involves issuing a notice to the builder, receiving their reply, and scheduling hearings. Delays often occur if the promoter seeks adjournments or fails to attend hearings.
RERA’s Final Order and Compliance:
Once RERA passes an order, the builder must comply within the time mentioned (typically 30 to 45 days). If the builder fails to comply, the buyer can file for execution or approach the RERA Adjudicating Officer (AO) or Appellate Tribunal (REAT) for enforcement.
In practice, most Gujarat RERA cases are resolved within 4–6 months when properly filed with complete evidence and documentation.
Real-world Scenarios
Scenario 1: Mr. Patel filed a complaint in January 2024 for delayed possession. GUJRERA conducted three hearings, and by May 2024, ordered the builder to pay interest for the delay — total time: 5 months.
Scenario 2: Mrs. Shah’s refund case was uncontested. The RERA authority issued an order within 70 days, directing the builder to refund her payment.
Scenario 3: A group of buyers filed a collective complaint involving multiple towers. Due to verification of project documents, the case took around 8 months for final judgment.
References
Section 29(4) of the Real Estate (Regulation and Development) Act, 2016: Official RERA Act PDF
Gujarat RERA Official Website: https://gujrera.gujarat.gov.in/
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