Short Answer

Yes, your complaint can still stand even if the developer of your apartment has changed post-RERA.

Detailed Explanation

According to Section 18 of the Gujarat RERA Act, 2016, the obligations of the promoter (developer) extend to not only the original promoter but also any subsequent promoter. This means that even if the developer of your apartment has changed post-RERA, the new developer is still bound by the obligations and liabilities of the original developer towards the allottees. The new developer is required to rectify any structural defects or other issues in the project as per the terms of the agreement.

Furthermore, Rule 14 of the Gujarat RERA Rules, 2017, specifies that in case of transfer of rights and liabilities from one promoter to another, the new promoter is required to provide all the information and documents related to the project to the allottees. This ensures that the allottees are informed about the change in the developer and can hold the new developer accountable for any deficiencies in the project.

In practice, if the new developer fails to fulfill the obligations of the original developer or if there are any delays or defects in the project, the allottees can file a complaint with the Gujarat RERA Authority against the new developer. The RERA Authority will then investigate the matter and take necessary actions to ensure that the rights of the allottees are protected.

Real-world Scenarios

• Scenario 1: Mr. Patel purchased an apartment from Developer A, who later transferred the project to Developer B. After the transfer, Mr. Patel noticed structural defects in the apartment. He can file a complaint with Gujarat RERA against Developer B for rectification of the defects.

• Scenario 2: Ms. Shah booked a flat in a project developed by Company X, which was later taken over by Company Y. If Company Y fails to deliver the project on time, Ms. Shah can approach Gujarat RERA to seek redressal against Company Y.

Reference

• Gujarat RERA Act, 2016 (https://gujrera.gujarat.gov.in/)

• Section 18 of the Gujarat RERA Act, 2016

• Rule 14 of the Gujarat RERA Rules, 2017