Short Answer

The society members can be represented at the RERA hearing by either a lawyer or an association spokesman.

Detailed Explanation

According to Section 37 of the Gujarat RERA Act, 2016, any aggrieved person can represent themselves or through a legal practitioner in any complaint or appeal before the Real Estate Regulatory Authority (RERA). This means that society members can choose to be represented by a lawyer of their choice during RERA hearings. Having a lawyer can be beneficial as they can provide legal expertise and ensure that the members' rights are protected during the proceedings.

Additionally, Rule 27 of the Gujarat RERA Rules, 2017, states that a complainant or appellant may authorize any person, including a legal practitioner, to represent them before the Authority. This rule further emphasizes the option for society members to engage a lawyer to represent them at RERA hearings. The association spokesman can also represent the society members, provided they are authorized by the members to do so and have a good understanding of the case and relevant laws.

In practice, the choice between a lawyer and an association spokesman depends on the complexity of the case, the legal knowledge required, and the preferences of the society members. For straightforward matters, an association spokesman may suffice, but for more complicated issues or legal disputes, having a lawyer can be more beneficial.

Real-world Scenarios

• Scenario 1: In a case of delayed possession by a builder, society members decide to file a complaint with RERA. They engage a lawyer to represent them at the RERA hearing to ensure their case is presented effectively and their rights are protected.

• Scenario 2: In another scenario, where the issue is minor and can be resolved through negotiation, the society members opt to have an association spokesman represent them at the RERA hearing to save on legal costs.

Reference

• Section 37 of the Gujarat RERA Act, 2016

• Rule 27 of the Gujarat RERA Rules, 2017