Short Answer

You can use the Gujarat RERA Act and Rules to address the situation where a builder refuses to register an ongoing project with RERA.

Detailed Explanation

Rule 3(1) of the Gujarat RERA Rules states that every promoter shall register the real estate project with the Gujarat RERA authority before advertising or selling. If a builder refuses to register the ongoing project with RERA, it is a violation of this rule. This rule ensures that all real estate projects are registered with RERA to provide transparency and protection to homebuyers.

In practice, if a builder fails to register the project with RERA, homebuyers can file a complaint with the Gujarat RERA authority under Section 31 of the Gujarat RERA Act. The authority can then take necessary actions against the builder, which may include penalties or other legal consequences.

Real-world Scenarios

• Scenario 1: A builder in Gujarat starts selling units in an ongoing project without registering it with RERA. Homebuyers who are aware of this violation can file a complaint with the Gujarat RERA authority.

• Scenario 2: A builder refuses to provide information about the ongoing project registration with RERA to homebuyers. In such cases, homebuyers can take legal action by lodging a complaint with the RERA authority.

Step-by-step process:

• Homebuyers gather evidence of the builder's refusal to register the project with RERA.

• Homebuyers file a complaint with the Gujarat RERA authority under Section 31 of the Gujarat RERA Act.

• The RERA authority investigates the complaint and takes appropriate actions against the builder if the violation is confirmed.

Reference

• Gujarat RERA Act and Rules: https://gujrera.gujarat.gov.in/