The Builder is not mandatory but it is the sole responsibility of the builder to enable the formation of the association and the election of the association should be lawful and transparent.
Under Section 40 (1) of the RERA Act 2016, the authority can issue recovery warrants against developer who failed to comply with its order to refund home buyers.
The RERA laws explicitly says that the appropriate government shall only make rules for the smooth functioning of the act and it does not say anything about States powers to dilute the Central law.
The RERA authorities of the Various State are not granting refund looking into the wider interest of the Real Estate Sector.
The complaints against the defaulting builders should only be taken up by RERA Authorities of the State before being referred to the NCLT for the insolvency proceedings.