Short Answer

Yes, you can claim for the delivery of unsold flats in a partially sold project.

Detailed Explanation

Section 18 of the Gujarat RERA Act, 2016 mandates that the promoter must obtain all necessary approvals before commencing a real estate project. This includes the total number of apartments proposed to be sold and the number of unsold flats. If a project is partially sold and there are unsold flats, the promoter is still obligated to complete and deliver these unsold flats to the buyers within the agreed timelines. Failure to do so can result in penalties under the RERA Act.

Furthermore, Rule 19 of the Gujarat RERA Rules, 2017 specifies that the promoter must maintain a separate account for each project to ensure that funds collected for a specific project are utilized for that project only. This rule ensures that the funds collected from the sale of unsold flats are not diverted to other projects, thereby safeguarding the interests of buyers waiting for the delivery of their flats.

In practice, buyers of unsold flats in a partially sold project can file a complaint with the Gujarat RERA Authority if the promoter fails to deliver the flats within the stipulated time frame. The RERA Authority will then investigate the matter and take necessary actions to ensure compliance with the provisions of the Act.

For example, if a buyer has purchased a flat in a project with both sold and unsold units, and the promoter delays the delivery of the unsold flats, the buyer can approach the Gujarat RERA Authority to seek redressal. The Authority may impose penalties on the promoter and ensure that the remaining flats are delivered as per the agreement.

In another scenario, if a promoter diverts funds collected from the sale of unsold flats to other projects, thereby delaying the completion of the unsold units, affected buyers can file a complaint under the Gujarat RERA Act to hold the promoter accountable and secure the timely delivery of their flats.

Reference

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

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