Builder Delays and RERA Complaints

What kinds of builder delays or defaults can be complained about under RERA?

Delays or defaults related to completion of the project, delivery of possession, quality of construction, changes in layout or specifications, and financial mismanagement can be complained about under RERA.

Delays or defaults related to completion of the project, delivery of possession, quality of construction, changes in layout or specifications, and financial mismanagement can be complained about under RERA.

Written By: GatePal Analyst

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Short Answer

Delays or defaults related to completion of the project, delivery of possession, quality of construction, changes in layout or specifications, and financial mismanagement can be complained about under RERA.

Detailed Explanation

Section 18 of the Gujarat RERA Act states that the promoter is obligated to complete the project within the agreed timeline. If there are delays in completion, buyers can file a complaint under RERA. This means that if a builder fails to deliver the possession of the property within the specified time frame, buyers have the right to seek redressal through RERA. For example, if a builder promises to deliver a flat within 3 years but fails to do so, buyers can lodge a complaint with RERA for the delay in possession.

Rule 5 of the Gujarat RERA Rules specifies that the promoter must adhere to the approved layout and specifications of the project. Any deviations from the agreed plans can be grounds for complaint under RERA. This ensures that the builder cannot make unauthorized changes to the project without the consent of the buyers. For instance, if a builder alters the layout of the apartment without informing the buyers, they can raise a complaint with RERA for the default in maintaining the approved specifications.

Section 14 of the Gujarat RERA Act deals with the financial aspects of the project. Promoters are required to maintain a separate bank account for each project to ensure that funds are utilized only for that specific project. If there is any financial mismanagement or diversion of funds, buyers can file a complaint under RERA. This provision safeguards the interests of buyers and ensures transparency in financial transactions. For example, if a builder uses funds from one project to finance another project, buyers can approach RERA to address the financial default.

Overall, RERA provides a comprehensive framework for addressing various builder delays and defaults, ensuring that buyers are protected and have a mechanism to seek redressal for any grievances.

References

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

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