dispute settlement mechanism under the Real Estate

Grievance redressal/dispute settlement mechanism under The Real Estate (Regulation and Development) Act, 2016 There are three authorities established under the Act to settle the disputes between the allottee and promoter/real estate agent: i. The Real Estate Regulatory Authority ii. Adjudicating O cer iii. The Real Estate Appellant Tribunal Filing of complaint Any aggrieved person including association of allottee or any voluntary consumer association may le a com- plaint with the Authority or the adjudicating o cer, for any violation or contravention of the provisions of this Act, against any promoter, allottee or real estate agentFactors to be considered while determining the compensationa) The amount of disproportionate gain or unfair advantage, wherever quanti able, made as a result of the defaultb) The amount of loss caused as a result of the default;c) The repetitive nature of the default;d) Such other factors which the adjudicating o cer considers necessary to the case in furtherance of justice.Power of Authoritya) Impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allotteesand the real estate agentsb) Regulate its own procedure, guided by principles of Natural Justice.c) Make reference to the Competition Commission of India where an issue is raised relating to agreement, action,omission, practice or procedure that has an appreciable prevention, restriction or distortion of competition inconnection with the development of a real estate project; or e ect of market power of monopoly situation beingabused for a ecting interest of allottees adversely.d) Initiate procedure for recovery of interest, penalty or compensation, or enforcement of orders www.dpsalegal.com

Power of the Adjudicating O cer The Adjudicating o cer has the power to direct payment or interest or compensation Transfer of cases from Consumer Court Any person whose complaint in respect of matters covered under section 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commis- sion or the NCDRC, on or before the commencement of this Act he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and le an appli- cation before the adjudicating o cer under this Act Appeal against the order of Authority or adjudicating o cer, or Appellate Tribunal : a) Appeal can be led against any direction, order or decision of the Authority or adjudicating o cer, within 60 days from the date on which a copy of the direction or order or decision made by the, by the appropriate government, competent authority or any person aggrieved including association of allottee or any voluntary consumer association b) In case of a promoter les an appeal it shall not be entertained without the promoter rst having deposited with the Appellate Tribunal at least thirty percent of the penalty or such higher percentage as may be determined by the Appellate Tribunal or the total amount to be paid to the allottee including interest and compensation imposed on him if any or with both, as the case may be before the said appeal is heard. c) Appeal against the orders of Tribunal: It lies with High Court to be led within a period of 60 days from the date of communication of the decision or order of Appellate Authority.Powers of Tribunala) Pass nal and interim ordersb) For the purpose of examining the legality or propriety or correctness of any order or decision of the Authority orthe adjudicating o cer, Tribunal on its own motion or otherwise, call for the records relevant to deposing of suchappeal and make such orders as it thinks t.c) Powers of a civil courtd) Regulate its own procedure but guided by principles of Natural Justice www.dpsalegal.com