Short Answer

Yes, a criminal case lodged by a builder against society leaders can potentially affect your RERA rights.

Detailed Explanation

Section 18 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to sue and be sued in their own name. This means that society leaders can be legally involved in cases, including criminal ones, on behalf of the society. However, if the criminal case impacts the functioning of the society or its ability to fulfill obligations under the Real Estate (Regulation and Development) Act, 2016 (RERA), it may affect your RERA rights as a member.

On the other hand, Rule 6 of the Gujarat RERA Rules lays down the duties of promoters, including completing the project as per the agreed terms and timelines. If the criminal case leads to delays or disruptions in the project's completion, it could directly impact your RERA rights as a homebuyer. In such scenarios, you may face challenges in obtaining possession of your property, claiming compensation for delays, or seeking redressal for any grievances under RERA.

Real-world Scenarios

• If a builder files a false criminal case against society leaders to delay the project, it could hinder the society's ability to meet RERA obligations, affecting your rights as a homebuyer.

• Society leaders facing legal battles may be distracted from overseeing project progress, leading to delays and non-compliance with RERA timelines, impacting your possession rights.

• Legal disputes between the builder and society leaders may result in financial strains on the society, affecting the completion of common amenities and facilities promised under RERA.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 18

• Gujarat RERA Rules: Rule 6