Last Updated on January 27, 2019 by Legalseva.net
A lot has changed in the Real Estate Sector of India from May 1, 2017 which is when the RERA Act came into force for the state of Haryana.
It is only for the benefit of home buyers and consumers that there are two Real Estate Regulatory Authorities in Haryana. One at Gurugram covering all the real estate projects in the region and other for Panchkula, covering projects all across the state except Gurugram.
The efficiency of the tribunals can be made out from this fact alone.
Also Read- FAQS RERA PUNJAB HARYANA PANCHKULA
Haryana Real Estate Regulatory Authority (HRERA ) has constituted one appellate authority for challenging decisions of RERA Gurugram and RERA Panchkula Authorities which is situated in Sector 17 Chandigarh, New Haryana Civil Secretariat currently headed by retired Justice Darshan Singh.
RERA Act provides provision for Appeal to Appellate Authority within 60 days. Beyond this period the application for condonation of delay has to be moved and if the court finds the reason justified, it may accept your appeal but it is not your right then.
Also Read- RERA PUNJAB & PANCKULA HARYANA APPELLATE AUTHORITY
Let us read the Appeal provision in Chapter VII of RERA Act that talks about the REAL ESTATE APPELLATE TRIBUNAL:
Section 44 Talks about Application for settlement of disputes and appeals to Appellate Tribunal. Section 44 is reproduced for your reference:
44. (1) The appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.
(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the appropriate Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee, as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filling it within that period.
(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.
(4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority or the adjudicating officer, as the case may be.
(5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal:
Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.
(6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit.
Another important section is Section 57.
57. (1) Every order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court.
Further after the decision of Haryana RERA Appellate Authority for Gurugram, parties may Approach Punjab and Haryana High Court at Chandigarh within 60 days if aggrieved by their order.
Relevant is Section 58 which talks about Appeal to High Court.
58. (1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908:
Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
Explanation.—The expression “High Court” means the High Court of a State or Union territory where the real estate project is situated.
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.
The party in appeal may have to deposit 30-50 percent of the amount as ordered in the RERA Tribunal judgment.
Also Read- HOW TO FILE COMPLAINT IN PANCHKULA-RERA
Appeal for both RERA Authorities, Panchkula and Gurugram has to be filed in Sector 17 Chandigarh. The plan for establishing one at Karnal is not yet into action. So one can ignore it for now.
For more info, please call – 99888-17966.
Useful links :
1 How to file RERA Complaint Online with RERA Panchkula Authority- Link.
2 10 Things You Should Know About RERA Panchkula- Link
3 RERA Panchkula Directs IREO to refund Money- Link
4 Developers to refund EDC Amount- TCP Haryana- Link
5 RERA News and Update- Link
6 RERA Panchkula Penalties- Link
7 Completion Certificate and Panchkula RERA (HRERA)- Link
8 Complaint before RERA or NCLT- Link
9 Delay Compensation In RERA.- Link
10 RERA RETROACTIVE NOT RETROSPECTIVE- Link
Stay tuned for more updates on Haryana RERA Panchkula and Gurugram Appellate Authority in Chandigarh from RERA lawyers and Advocates.
