Short Answer

If the builder fails to fulfill the promised maintenance or warranty, especially the 5-year structural warranty, the aggrieved party can proceed by filing a complaint under the Gujarat RERA Act.

Detailed Explanation

Section 14 of the Gujarat RERA Act, 2016 states that the promoter is responsible for providing and maintaining essential services until the maintenance is transferred to the association of allottees. This means that the builder is obligated to fulfill the promised maintenance services, including the 5-year structural warranty, as per the agreement with the homebuyers. If the builder fails to do so, the homebuyers have the right to file a complaint with the Gujarat RERA Authority.

Furthermore, Rule 18 of the Gujarat RERA Rules, 2017 outlines the procedure for filing a complaint with the Authority. Homebuyers can submit a complaint form along with the required documents and fees to the Gujarat RERA Authority. The Authority will then investigate the matter and pass necessary orders to ensure compliance with the maintenance and warranty obligations.

Practical Examples

• Scenario 1: A homebuyer notices structural defects in the building within the 5-year warranty period promised by the builder. Despite repeated complaints, the builder fails to rectify the issues.

• Scenario 2: The builder stops providing maintenance services within the agreed period, affecting the overall living conditions in the society. Homebuyers can file a complaint with the Gujarat RERA Authority for non-compliance.

Reference

• Gujarat RERA Act, 2016 - Section 14

• Gujarat RERA Rules, 2017 - Rule 18