Builder Delays and RERA Complaints
If our builder lost RERA registration, can we also claim for mental agony or only monetary loss?
Written By: GatePal Analyst
Last Updated on
Short Answer
If your builder loses RERA registration, you can claim for both mental agony and monetary loss.
Detailed Explanation
Section 18 of the Gujarat RERA Act states that if a builder fails to register under RERA or violates any other provisions, the aggrieved party can claim compensation for any loss or damage suffered. This includes mental agony caused by the builder's actions. The Act aims to protect the interests of homebuyers and ensure timely completion of projects.
Furthermore, Rule 10 of the Gujarat RERA Rules specifies the procedure for filing complaints with the Real Estate Regulatory Authority. If your builder has lost RERA registration, you can file a complaint detailing the monetary loss incurred as well as the mental agony experienced due to the builder's actions. The Authority will investigate the matter and provide appropriate relief to the aggrieved party.
In practice, if your builder loses RERA registration, you should gather evidence of the monetary loss suffered, such as delayed possession or substandard construction quality. Additionally, document any mental stress or anguish caused by the builder's actions. By following the complaint filing process outlined in the Act and Rules, you can seek redress for both financial and emotional harm.
Practical Examples
Scenario 1: Builder loses RERA registration, leading to a delay in project completion. Homebuyers experience mental stress due to uncertainty. They file a complaint under Section 18 of the Gujarat RERA Act, seeking compensation for both the delay and mental agony.
Scenario 2: Builder fails to deliver promised amenities after losing RERA registration, causing frustration among buyers. They file a complaint under Rule 10 of the Gujarat RERA Rules, claiming compensation for the amenities' absence and mental distress.
References
Section 18 of the Gujarat RERA Act: [Official PDF]
Rule 10 of the Gujarat RERA Rules: [Official PDF]
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