Only which is under rera act you can approach rera else go to consumer court
Builder has obtained completion certificate and necessary exemption from RERA as per Goa RERA. The roads , landscaping etc was completed much later part occupancy was recvd inn2019. Now builder is delaying in forming an association in connivance with land lords on the pretext that NOC is not provided by land lords. How can we proceed? Can we form a RWA we have 120 members out of which 14 are agreeing and rest quiet? Even the boundary wall etc is not been constructed as pe plans.pls advise can we go to RERA only for society formation etc other than recovery ??
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If property is exempted from RERA you cannot file complaint against builder before RERA
you can approach consumer forum for necessary reliefs
- If the property is exempted then you cannot lodge a complaint before the RERA , and filing a complaint before the Consumer forum is an option for your grievance
- Further, if the builder is not forming the society , then you all members can form a society without the consent of the builder
- As per Section 10 of the Maharashtra Ownership flats (Regulations of the Provisions of Construction Sale, Management and Transfer) Act , the owners of flats can form the society if the builder is not cooperating.
If your project is exempted from RERA and not able to find a solution under cover from RERA, disputes in exempted projects will have to be pursued by Consumer Court or Civil Courts for non-commercial, or in only Civil Courts for commercial projects.
Dear Client,
The situation you're facing sounds frustrating. Ensure you have a clear understanding of the documents, including the completion certificate, RERA exemption, and any agreements with the builder regarding forming an association. Initiate communication with the builder, preferably in writing, highlighting the delay in forming the association and referencing the legal documents supporting your right to form one. Request a timeline for their action and seek clarification on the issues preventing the association's formation. If the builder is not cooperating, approach the Goa RERA authority. Lodge a complaint detailing the situation, presenting all relevant documents. RERA can intervene and enforce compliance with regulations if the builder is found to be violating any. Reach out to other homeowners who are similarly affected. A collective voice can carry more weight in negotiations with the builder or in legal proceedings. Sometimes, a mediator can help resolve disputes outside of court. RERA or local authorities might facilitate mediation to reach a consensus between homeowners and the builder.
Forming a Residents Welfare Association (RWA) typically requires a collective effort and the consensus of the residents. In many cases, a majority agreement among the residents is needed to establish an RWA. If you have 14 members willing to participate in forming the RWA, it's a good start. However, having the support of a larger percentage of residents would be more effective in establishing a strong and influential association. Try to inform and educate the other residents about the benefits of having an RWA. Explain how it can protect their interests, resolve common issues, and represent them collectively. Organize meetings or sessions to discuss the importance of an RWA. Address concerns, answer questions, and try to garner support from more residents during these meetings. Engage with residents who may not be actively involved or have remained quiet. Understanding their concerns or reasons for not participating might help address any issues and gain their support. Develop a draft of the RWA's rules, objectives, and operational procedures. This can be presented to residents to show the structure and purpose of the association. Once you have a substantial number of residents on board, proceed with formally establishing the RWA. This might involve drafting bylaws, electing members for key positions, and registering the association as required by local laws.
Absolutely you can approach RERA (Real Estate Regulatory Authority), it isn't solely concerned with financial disputes or recovery issues. It oversees various aspects related to real estate projects, including society formation, compliance with building plans, amenities promised, and adherence to regulations. Gather all relevant documents, such as the initial building plans, the current status of construction, and any correspondence with the builder regarding the discrepancies. Submit a formal complaint to the Goa RERA authority outlining the issues. Provide all evidence and documentation supporting your claims, emphasizing the deviations from the approved plans and promised amenities. Seek RERA's intervention in ensuring the builder complies with the initial plans and completes the boundary wall as specified.
You can reach out to us for further assistance.