Short Answer

Yes, you can still pursue remedies under RERA even if the project committee has been dissolved by the builder.

Detailed Explanation

Section 18 of the Gujarat RERA Act provides that in case of any structural defect or poor workmanship, the promoter is liable to rectify such defects for a period of five years from the date of handing over possession. Even if the project committee is dissolved, individual buyers can file complaints with the Gujarat RERA Authority for such defects.

Furthermore, Rule 18 of the Gujarat RERA Rules states that any aggrieved person, including individual buyers, can file a complaint with the Authority for any violation of the provisions of the Act or Rules. This means that even without the project committee, buyers have the right to seek redressal under RERA for any grievances related to the project.

In practice, dissolving the project committee does not absolve the builder from their obligations under RERA. Buyers can still approach the Gujarat RERA Authority to seek remedies for delays, structural defects, or any other violations of the RERA Act and Rules.

Practical Examples

• Mr. Patel purchased a flat in a project where the builder dissolved the project committee. However, he noticed seepage issues in his flat. Despite the committee dissolution, Mr. Patel filed a complaint with Gujarat RERA Authority under Section 18 of the RERA Act for rectification of the structural defect.

• Ms. Shah faced significant delays in possession of her apartment due to the builder's actions, even after the project committee was dissolved. She lodged a complaint with Gujarat RERA Authority under Rule 18 of the RERA Rules for the delay compensation.

Reference

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

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