Can tenants seek RERA help?

Yes, the tenants have a strong case to challenge the developer's changes to the floor plan in your redevelopment project. Here's why:

RERA Protection:

• The Real Estate (Regulation and Development) Act (RERA) protects homebuyers' rights. Since your project is registered under RERA, the developer is bound by its regulations.

Consent for Changes:

• As per RERA guidelines, developers require written consent from at least two-thirds of the allottees (apartment owners) for any significant changes to the sanctioned plan.

Alternate Accommodation Agreement:

• The fact that a registered alternate permanent accommodation agreement exists further strengthens your case. This agreement likely outlined the final layout of the apartments you were promised.

Course of Action:

Here's what the tenants can do:

1. Review Agreement: Carefully examine the registered alternate permanent accommodation agreement. It should specify the final floor plan details.

2. Gather Evidence: Collect copies of the agreement, original sanctioned plan, and any communication with the developer regarding the changes.

3. Contact RERA Authority: File a complaint with the RERA authority in your jurisdiction. They will investigate and mediate between the developer and tenants.

4. Legal Action: If mediation fails, the tenants can consider filing a legal case against the developer.

Possible Outcomes:

• Modification of Plan: The RERA authority may ask the developer to modify the plan back to the sanctioned one or offer alternative solutions acceptable to the tenants.

• Compensation: If the modifications significantly affect the apartment's functionality or value, tenants may seek compensation for the difference.

• Refusal of Possession: Depending on the severity of the changes and the agreement, tenants may have grounds to refuse possession until the developer rectifies the issue.

Recommendations:

• Act Collectively: Strength lies in numbers. Encourage all tenants to participate in the process.

• Seek Legal Advice: Consult a lawyer specializing in RERA disputes. They can advise on the specific legalities of your case and the best course of action.

By following these steps, the tenants can effectively challenge the developer's actions and potentially secure a fair resolution that upholds their rights as per the agreement and RERA regulations.

Pre-RERA Agreement:

You entered into a registered agreement with the builder before the project was registered with RERA (Real Estate Regulatory Authority).

This pre-existing agreement is crucial because it outlines the terms and conditions agreed upon by both parties.

Floor Plan Changes:

The builder made substantial changes to the floor plan during the RERA registration process.

Importantly, these changes were made without revealing them to the tenants.

Legal Implications:

The builder’s actions may have legal consequences:

Non-Disclosure: Failing to disclose changes to the tenants during RERA registration could be a violation.

Impact on Agreed Terms: If the changes significantly affect the agreed-upon terms or render the property unsuitable, tenants may have grounds to challenge them.

Tenant Rights: Tenants have rights, especially when it comes to redevelopment projects. These rights are typically outlined in local laws and regulations.

Next Steps:

Consider the following steps - 

Review Agreement: Carefully review the pre-existing agreement you have with the builder. Understand your rights and obligations.

Seek Legal Advice: Consult a lawyer specializing in real estate matters. They can advise you on the best course of action based on your specific circumstances.

Document Everything: Keep records of communication, agreements, and any changes made by the builder.

RERA Complaint: If necessary, file a complaint with RERA regarding the non-disclosure of changes during registration.

The tenants can approach RERA with a complaint for remedy. 

They can even approach consumer redressal commission for relief. 

They can approach civil court with a suit for permanent injunction against the developer.