Short Answer

Yes, you can use the Gujarat RERA Act to enforce the delivery of promised No Dues or Occupancy Certificate (OC) by the builder within the specified timeline.

Detailed Explanation

Section 18 of the Gujarat RERA Act, 2016 empowers the Regulatory Authority to ensure compliance with the obligations under the Act, including the timely delivery of possession and completion of the project as per the agreed terms. If the builder fails to provide the promised No Dues or OC within the stipulated time, the homebuyer can file a complaint with the Gujarat RERA Authority for enforcement.

Furthermore, Rule 9 of the Gujarat RERA Rules, 2017 outlines the procedure for filing complaints before the Authority. The homebuyer can submit a written complaint detailing the builder's non-compliance with the agreed-upon terms, including the failure to provide the No Dues or OC within the specified timeframe. The Authority will then investigate the matter and take necessary actions to ensure compliance.

In practice, if the builder fails to deliver the promised No Dues or OC by the agreed date, the homebuyer can approach the Gujarat RERA Authority by filing a complaint online or in person. The Authority will then initiate proceedings to investigate the matter, mediate between the parties if possible, and issue appropriate orders to enforce compliance.

Real-world Scenarios

• Mr. Patel purchased a flat in a housing project with the builder promising to provide the OC within 6 months. However, even after a year, the OC was not issued. Mr. Patel filed a complaint with Gujarat RERA, leading to the Authority directing the builder to expedite the OC issuance.

• Ms. Shah booked a commercial space with the assurance of receiving a No Dues certificate upon project completion. When the builder failed to provide the certificate, Ms. Shah sought redressal through Gujarat RERA, resulting in the Authority intervening and ensuring the builder's compliance.

• Mr. Desai invested in a villa project with the commitment of receiving a No Dues certificate before possession. As the builder delayed the certificate issuance, Mr. Desai utilized the provisions of Gujarat RERA to compel the builder to fulfill the promised obligation.

References

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

• Gujarat RERA Rules, 2017: https://gujrera.gujarat.gov.in/