Short Answer

No, once possession letters are given, the builder cannot retract by claiming violation of terms.

Detailed Explanation

Section 19 of the Gujarat RERA Act, 2016 states that once possession is handed over to the allottee, the builder cannot retract or cancel the possession by claiming any violation of terms. This provision ensures that once the possession letters are issued, the builder is bound to fulfill the terms and conditions mentioned in the agreement.

In practice, this means that once the possession letters are handed over to the buyers, the builder is legally obligated to honor the terms of the agreement. Any attempt by the builder to retract the possession by alleging violations of terms would be in contravention of the RERA Act.

Real-world Scenarios

• Scenario 1: A builder issues possession letters to buyers but later tries to retract the possession citing minor violations. In this case, the buyers can rely on Section 19 of the Gujarat RERA Act to enforce their right to possession.

• Scenario 2: If a builder claims violations of terms after issuing possession letters to delay the handover, buyers can file a complaint with the RERA authority for appropriate action.

Step-by-step process:

• Builder issues possession letters to buyers.

• If the builder attempts to retract possession, buyers can refer to Section 19 of the Gujarat RERA Act.

• Buyers can file a complaint with the RERA authority if the builder refuses to honor the possession letters.

References

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