Short Answer

Yes, members who have taken possession and those who haven't can still file a complaint together under RERA.

Detailed Explanation

Section 18 of the Gujarat RERA Act provides for the filing of complaints by an association of allottees. This means that even if some members have taken possession of their units and others haven't, they can collectively file a complaint against the builder for delays or any other violations under RERA. The Act allows for joint complaints to be filed by multiple allottees facing similar issues, irrespective of whether they have taken possession or not.

Furthermore, Rule 11 of the Gujarat RERA Rules outlines the procedure for filing complaints with the Real Estate Regulatory Authority. It specifies the format and details required in the complaint, ensuring that all relevant information is provided to the authority. This rule ensures that complaints are processed efficiently and effectively, regardless of the possession status of the members.

In practice, this provision enables unity among allottees in seeking redressal for delays or deficiencies in the construction or delivery of their units. It streamlines the complaint process and allows for a collective approach in addressing grievances against the builder. Members who have taken possession can still stand in solidarity with those who haven't to ensure their rights are protected under RERA.

Practical Examples

• In a housing project, some members have received possession of their units while others are still waiting due to construction delays. All members, whether in possession or not, can come together to file a joint complaint under RERA regarding the delayed completion of the project.

• A group of allottees in a commercial project decides to file a complaint against the builder for not providing the promised amenities within the stipulated time. Both those who have occupied their spaces and those who haven't can collectively seek redressal through a joint complaint.

References

• Section 18 of the Gujarat RERA Act

• Rule 11 of the Gujarat RERA Rules