Short Answer

No, RERA may not be the appropriate forum in case the builder offered alternative accommodation but failed to deliver.

Detailed Explanation

Section 18 of the Gujarat RERA Act deals with the failure of the promoter to complete the project or deliver possession within the agreed timeline. In such cases, the aggrieved allottees can file a complaint with the Real Estate Regulatory Authority (RERA) seeking relief. However, if the builder offered alternative accommodation but failed to fulfill that commitment, it may not fall directly under the purview of RERA as it primarily focuses on issues related to project completion and possession.

Rule 14 of the Gujarat RERA Rules outlines the procedure for filing complaints with the Authority. It requires the complainant to provide specific details of the alleged violation and the relief sought. In cases where the builder has not delivered the promised alternative accommodation, the complainant may need to explore other legal avenues such as civil court proceedings for breach of contract or specific performance.

Real-world Scenarios

• Mr. Patel booked a flat in a project delayed by the builder. The builder offered temporary accommodation but failed to provide it. Mr. Patel cannot directly approach RERA but may consider filing a civil suit for compensation.

• Ms. Shah was promised alternative housing during the construction delay, but the builder reneged on the offer. She may need to seek legal recourse through a civil court for breach of contract.

In such situations, it is crucial for the affected parties to consult legal experts to determine the most appropriate course of action based on the specific circumstances.

References

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

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