Builder Delays and RERA Complaints

What is the deadline for filing a RERA complaint after the builder’s breach or missed deadline?

The deadline for filing a RERA complaint after the builder's breach or missed deadline is within one year from the date on which the cause of action arises.

The deadline for filing a RERA complaint after the builder's breach or missed deadline is within one year from the date on which the cause of action arises.

Written By: GatePal Analyst

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Short Answer

The deadline for filing a RERA complaint after the builder's breach or missed deadline is within one year from the date on which the cause of action arises.

Detailed Explanation

As per Section 31 of the Gujarat RERA Act, the aggrieved party must file a complaint with the Real Estate Regulatory Authority within one year from the date on which the cause of action arises. This means that if a builder breaches the terms of the agreement or misses a deadline, the buyer has up to one year to lodge a complaint with RERA.

In practice, this deadline provides a clear timeframe for buyers to take action against builders who fail to fulfill their obligations. It ensures that complaints are filed promptly, allowing for timely resolution of disputes and enforcement of legal rights.

Real-world Scenarios

  • Scenario 1: A buyer enters into a purchase agreement with a builder for a new apartment. The builder delays the project completion beyond the agreed-upon timeline. The buyer can file a complaint with RERA within one year from the date of the missed deadline.

  • Scenario 2: A builder fails to provide the promised amenities as per the agreement. The buyer discovers this breach of contract and has one year from the date of discovery to file a complaint with RERA.

Step-by-step process:

  • Identify the breach or missed deadline by the builder.

  • Gather evidence to support your complaint.

  • File a complaint with the Gujarat RERA Authority within one year from the date of the cause of action.

Reference

  • Section 31 of the Gujarat RERA Act

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

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