Short Answer

Yes, RERA can order the builder to rectify the issue of not providing the exact flats promised in the agreement.

Detailed Explanation

Section 18 of the Gujarat RERA Act states that if the promoter fails to give possession of the flat as per the agreement, the allottee can file a complaint with the Real Estate Regulatory Authority (RERA). RERA has the power to order the promoter to rectify the issue and provide the flat as promised.

Furthermore, Rule 14 of the Gujarat RERA Rules provides the procedure for filing a complaint with RERA regarding such non-compliance by the promoter. The allottee needs to submit a detailed complaint along with supporting documents to RERA for their intervention.

In practice, if the builder has not provided the exact flats as promised in the agreement, the affected allottees can approach RERA by filing a complaint. RERA will investigate the matter, hear both parties, and if the builder is found at fault, RERA can order the builder to rectify the issue by providing the promised flats.

Real-world Scenarios

• Mr. Patel booked a 3 BHK flat in a project but upon possession, found that the builder had given him a 2 BHK flat. He filed a complaint with Gujarat RERA under Section 18, seeking rectification. RERA ordered the builder to provide him with the correct 3 BHK flat as per the agreement.

• Ms. Shah purchased a flat with a sea-view balcony, but the builder constructed another building blocking her view. She approached RERA under Rule 14, and RERA directed the builder to rectify the situation by restoring her sea-view.

Reference

• Section 18 of the Gujarat RERA Act

• Rule 14 of the Gujarat RERA Rules