Skip to main content

Settle your dispute with Builder by RERA Conciliation Forum


 

Ramesh Agrawal (LL.B & CA)

 

Though RERA (Real Estate Regulation and Development Act) provides a dispute redressal mechanism for aggrieved parties through the courts, it also provides a compromise solution.  When both parties  agree to mutually settle the dispute then they need not to go to the Court. The Maharastra RERA has established  a Conciliation Forum and is the first RERA forum to do so.

 

What is it?

A conciliation forum is to facilitate the amicable settlement between the parties and acts as a mediator between aggrieved parties. Under this forum, the aggrieved parties (whether home buyers, developers or real estate agents) can get their grievances solved before filing a complaint with the Real Estate Regulatory Authority.

The forum usually includes members from Resident Welfare Associations, Real Estate Regulatory Authorities, Developer’s Associations and a member from respective development or industry authority. Maharashtra RERA had set up this alternative dispute resolution mechanism and was able to mediate 375 out of 528 conciliation requests. Uttar Pradesh RERA has also established a conciliation forum to settle the dispute out of the RERA Court.

 

Why is it important?

RERA states that complaints with the authority should be disposed off within 60 days from the date of filing but it is taking a year and in many cases even more. On the other hand, conciliation forum act more quickly than Authority to resolve Complaints. It also cut down the cost and time involved in litigation.

On receipt of commencement of  conciliation, the Bench invites the disputed parties for  hearing. They are expected to be present alongwith their Authorized Representatives.

The conciliators try to resolve the dispute between the parties with negotiation with parties involved and without the presence of lawyers. A consent agreement is drawn and signed by both the parties if settlement is reached. Otherwise, the conciliation process is terminated, and the complainant will have the option  to pursue the case through RERA or before some other court.

After signing the consent agreement by the parties, if any one of the parties fails or neglects to comply with the agreed terms, it will be treated as violation of the respective State’s RERA order and the authority will take this in consideration before announcing a judgment.

 

Why should I care?

  A home buyer can lodge a complaint against any  developer or real estate agent registered in RERA with the conciliation forum by paying a  minimal fee. But the only difference in a conciliation forum is that you don’t have to worry about court trials and legal proceedings. Your complaints  may include delay in handing over the Possession,  changes in Layout plans, additional charges or lack of facilities promised, including parking space, storage space or elevator.

Establishment of Conciliation forum helps to relieve the burden of Real Estate Authority and provides a quick remedy to the Homebuyers.

 

Labels:

Comments

Post a Comment

Popular posts from this blog

DEMOLITION OF ILLEGAL FARMHOUSES IN ARAVALLI AREA IN GURUGRAM

CA. Ramesh Agrawal The Duty Magistrate has been appointed to demolish all the illegal farmhouses on Aravalli forest hills will start soon. On the report of Forest Department, approximately 100 illegal farmhouses were built on the Aravalli forest area in Gurugram district, mostly in  Gwalpahari and Garatpur Bas villages and areas of Sohna and Manesar and these farmhouses were built in around 50 acres of land without any prior permission from the concerned authority. Nearly all illegal farmhouses are allegedly possessed by retired bureaucrats and politicians. As per the order of the National Green Tribunal demolition of the illegal farmhouses on forest land in the Aravalli region in Gurugram district by January 31. In a survey, the Forest department found approximately 100 illegal farmhouses were built in the Aravalli hills while the cases 10 farmhouses owner are pending in the Court. Requisition was made by the forest department to the District Administration for the appointment of duty
2 comments
Read more

Income Tax Exemption To Owners Of Unauthorized Colonies In Delhi

                                                                                                                            CA Ramesh Agrawal Over 1700 unauthorized colonies in Delhi were regularised in December last year. Owners Delhi’s unauthorised colonies will now get Income Tax Exemption even if they have purchased land or house at rates below the prevailing market price.   The Income Tax Department issued a Notification grating the exemption on any immovable property being land or building, purchased by a resident of unauthorised colony in Delhi NCR and the Central Government has regularised the transactions in favour of resident of such immovable property based on the documents such as latest Power of Attorney, Agreement to Sale, Will, Possession & other documents  if any.   The notification is effective from April 1, 2020 and would be applicable for Assessment Year 2020-21 and subsequent years. The Notification dated June 29 exempts the owners of these properties from paym
1 comment
Read more

RERA takes over the project of the Builder to Complete

Ramesh Agrawal (LL.B. & CA) Chhattisgarh’s Real Estate Regulatory Authority (RERA) has passed an order to hand over the private project i.e., City of Valencia located in “Narada” of Chhattisgarh district to Chhattisgarh Housing Board. This action is to safeguard the interest of plot allotees. Action was taken up against builder Aftab Siddiqui who was reluctant to develop the project & provide even the basic necessities such as Water, Electricity, Sewer, Road, etc. as mentioned in the brochure. Builder prepared a housing project in Narada in 2010 of 1072 plots. Because of the attractive brochure and other unfair means he was able to sell 691 plots and collected over Rs 41 Crores from the public. Instead of developing the project, the builder siphoned off the funds. Project was supposed to be finished by 2015, no development work commenced even after 6 years. Chhattisgarh’s RERA President Mr. Vivek Dhand said that 130 allottees of the project ‘City of Valencia’ located in Narada,
Post a Comment
Read more