Short Answer

No, members who settle with the builder cannot be removed from a pending RERA complaint.

Detailed Explanation

Rule 9(1) of the Gujarat RERA Rules, 2017 states that once a complaint is filed with the Real Estate Regulatory Authority (RERA), it cannot be withdrawn without the permission of the authority. This means that even if some members of a cooperative society settle with the builder, they cannot be removed from the RERA complaint without the approval of RERA.

Furthermore, Section 18 of the Gujarat RERA Act, 2016 empowers RERA to pass orders on complaints filed before it. If some members have settled with the builder, RERA may still proceed with the complaint and pass orders that are binding on all parties involved, including those who have settled.

In practice, this provision ensures that the interests of all members of the cooperative society are protected, and that the resolution of disputes with builders is fair and consistent for all members. It prevents situations where some members may try to opt-out of a complaint after reaching a settlement, thereby ensuring accountability and transparency in the resolution process.

For example, if a cooperative society files a complaint against a builder for delayed possession, and some members reach a settlement with the builder to get possession earlier, those members cannot be excluded from the RERA complaint without RERA's approval. RERA will consider the settlement but may still proceed with the complaint to ensure justice for all members.

Another scenario could be where some members agree to a financial settlement with the builder outside of the RERA complaint process. In such cases, RERA may still continue with the complaint to address any systemic issues or violations that affect all members, even if some have settled individually.

Overall, the provisions of the Gujarat RERA Act and Rules ensure that once a complaint is filed with RERA, all concerned parties, including members who settle with the builder, are bound by the authority's decisions to maintain fairness and consistency in resolving disputes.

References

• Rule 9(1) of the Gujarat RERA Rules, 2017: Official PDF

• Section 18 of the Gujarat RERA Act, 2016: Official PDF