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Can a developer face criminal proceedings under the RERA Act?
The answer is yes. Under Section 59 of the Real Estate Regulation Act, 2016, if a builder violates provisions of section 3 i.e. he does not register his project or he fails to comply with an order passed by RERA in any case involving a customer then he can be punished with imprisonment for three years in jail.
Now one must note that under section 80 of the Real Estate Regulation Act, it is only the RERA Authority which has powers to file criminal proceedings against a builder.
Therefore, if the home buyer feels if the builder has violated certain provisions of RERA and it has criminal consequences then he should approach the RERA Authority with a written complaint.
And if the authority is satisfied that the builder’s conduct is criminal in nature then he can file a criminal complaint in the Magistrate’s Court and initiate proceedings against the builder for the offences committed by him.