Short Answer

If RERA refuses to take your case, you can approach the Cooperative Court or Civil Court for resolution.

Detailed Explanation

Section 18 of the Gujarat RERA Act, 2016 empowers the Real Estate Regulatory Authority to adjudicate disputes related to real estate projects. However, if RERA refuses to entertain a particular case, the aggrieved party can seek recourse in the Cooperative Court or Civil Court. The Cooperative Court, established under the Gujarat Cooperative Societies Act, 1961, has jurisdiction over matters concerning cooperative societies, including disputes between members, management, and other stakeholders. On the other hand, the Civil Court, governed by the Civil Procedure Code, deals with a wide range of civil disputes, including those related to property and contracts.

In practice, if a homebuyer's complaint is rejected by RERA due to jurisdictional issues or other reasons, they can file a case in the Cooperative Court if the dispute involves a cooperative housing society. The Cooperative Court will adjudicate the matter based on the provisions of the Gujarat Cooperative Societies Act, 1961 and relevant rules. Alternatively, if the dispute is not specific to a cooperative society but pertains to a broader real estate issue, the aggrieved party can approach the Civil Court for redressal.

For example, if a group of homebuyers in a cooperative housing society faces delays in possession and RERA refuses to intervene citing lack of jurisdiction, they can file a case in the Cooperative Court under Section 91 of the Gujarat Cooperative Societies Act, 1961. On the other hand, if the dispute involves a builder's non-compliance with contractual obligations in a non-cooperative housing project, the affected parties can opt for the Civil Court under the Civil Procedure Code.

In summary, if RERA declines to entertain a complaint, individuals can explore legal remedies in the Cooperative Court for cooperative society-related issues and the Civil Court for broader real estate disputes, ensuring access to justice through alternative forums.

References

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

• Gujarat Cooperative Societies Act, 1961

• Civil Procedure Code