Short Answer

Yes, you can file a RERA complaint if the developer promised certain amenities that were never delivered.

Detailed Explanation

As per Section 18 of the Gujarat RERA Act, 2016, it is the duty of the promoter to ensure that all the amenities and facilities as specified in the agreement for sale are provided to the allottees. If the developer fails to deliver the promised amenities, it constitutes a violation of the provisions of the Act. In such cases, the allottees have the right to file a complaint with the Gujarat Real Estate Regulatory Authority (RERA).

Furthermore, Rule 14 of the Gujarat RERA Rules, 2017 provides the procedure for filing a complaint with the Authority. The complainant needs to submit the complaint in writing to the Authority, clearly stating the details of the violation, including the promised amenities that were not provided. The Authority will then investigate the matter and pass necessary orders to ensure compliance with the provisions of the Act.

Practical Examples

• Scenario 1: A developer promised a swimming pool in the project brochure but failed to deliver it. The allottees can file a RERA complaint citing the violation of Section 18 of the Gujarat RERA Act, 2016.

• Scenario 2: A builder advertised a children's play area in the project but did not provide it. The buyers can approach RERA under Rule 14 of the Gujarat RERA Rules, 2017 for redressal.

Reference

• Gujarat RERA Act, 2016 - Section 18

• Gujarat RERA Rules, 2017 - Rule 14