Short Answer

If the builder insists on exhausting society remedies before approaching RERA, it is important to understand the legal provisions under the Gujarat RERA Act.

Detailed Explanation

Section 18 of the Gujarat RERA Act, 2016 states that any aggrieved person may file a complaint with the Gujarat Real Estate Regulatory Authority (RERA) for any violation of the provisions of the Act. This means that individuals have the right to directly approach RERA without being required to exhaust remedies within the cooperative society first.

Furthermore, Rule 8 of the Gujarat RERA Rules, 2017 provides the procedure for filing a complaint with RERA. It outlines the necessary documents and information required to initiate the complaint process. This rule ensures that individuals can easily access the dispute resolution mechanism provided by RERA without unnecessary delays.

In practice, if a builder insists on exhausting society remedies first, it may be an attempt to delay the resolution of the issue. However, individuals have the legal right to approach RERA directly and seek redressal for any grievances related to the real estate project.

Real-world Scenarios

• Scenario 1: A homebuyer faces construction delays and quality issues in a project. The builder asks them to resolve the matter within the cooperative society. The homebuyer can directly file a complaint with RERA under Section 18 of the Act.

• Scenario 2: A group of buyers collectively faces financial discrepancies in a project. The builder insists on internal resolution within the society. The buyers can bypass this requirement and approach RERA for resolution.

Reference

• Gujarat RERA Act, 2016 (https://gujrera.gujarat.gov.in/)

• Gujarat RERA Rules, 2017 (https://gujrera.gujarat.gov.in/)