Short Answer

Yes, the society can file complaints on behalf of its members under RERA.

Detailed Explanation

Section 3 of the Gujarat RERA Act, 2016 defines "promoter" as a person who constructs or converts a building into apartments for sale to the public. This means that the builder or developer is responsible for complying with RERA regulations. However, Section 11 of the Act allows the association of allottees (society) to file complaints with the Regulatory Authority for any violations by the promoter. In practice, if the society was formed after flat purchase, it can still represent the interests of its members and file complaints against the builder for delays or any other RERA violations.

For example, if a builder delays the possession of flats beyond the agreed-upon timeline, the society can file a complaint with the Gujarat RERA Authority on behalf of all affected members. The society can seek relief such as compensation or enforcement of the builder's obligations under RERA.

Another scenario could be if the builder fails to provide the promised amenities or quality of construction as per the agreement, the society can collectively file a complaint under RERA to ensure the builder fulfills their obligations.

In a step-by-step process, the society would need to gather evidence of the builder's non-compliance, draft a formal complaint outlining the violations, and submit it to the Gujarat RERA Authority for further action.

Reference

• Gujarat RERA Act and Rules: https://gujrera.gujarat.gov.in/