Redevelopment and Structural Repairs
What recourse do we have if the developer abandons the redevelopment mid-way?
Written By: GatePal Analyst
Last Updated on
Short Answer
If a developer abandons a redevelopment project midway, you can seek recourse under the Gujarat RERA Act, 2016.
Detailed Explanation
Section 18 of the Gujarat RERA Act, 2016 empowers the Regulatory Authority to intervene in case of default by the promoter. This means that if the developer abandons the redevelopment project midway, the affected parties can file a complaint with the Gujarat RERA Authority. The Authority can then take necessary actions to ensure completion of the project or provide appropriate relief to the affected parties.
Additionally, Rule 18 of the Gujarat RERA Rules, 2017 specifies the procedure for filing complaints with the Regulatory Authority. This rule outlines the documentation required, the process of filing a complaint, and the remedies that the Authority can provide. In practice, affected parties should gather all relevant documents such as the agreement with the developer, payment receipts, and any communication with the developer regarding the project abandonment before filing a complaint.
Real-world Scenarios
Scenario 1: A cooperative housing society enters into a redevelopment agreement with a developer who later abandons the project without completing it. The society members can file a complaint with the Gujarat RERA Authority under Section 18 of the Act.
Scenario 2: Individual flat owners in a building undergoing redevelopment face delays and lack of progress due to the developer's abandonment. They can collectively approach the Regulatory Authority for redressal.
Step-by-step process:
Gather all relevant documents related to the redevelopment project.
File a complaint with the Gujarat RERA Authority as per the procedure outlined in Rule 18 of the Gujarat RERA Rules, 2017.
Await the Authority's decision and follow any further instructions provided for resolution.
References
Gujarat RERA Act, 2016: https://gujrera.gujarat.gov.in/
Gujarat RERA Rules, 2017: https://gujrera.gujarat.gov.in/
Related to Redevelopment and Structural Repairs