Last Updated on March 23, 2019 by Legalseva.net
Getting compensation from Ajudicating Officer of Haryana RERA Panchkula Authority and RERA Punjab is a tough nut to crack as not all complaints filed under Form ‘N’ are able to fulfill the criteria laid down under Sec 72 of the RERA Act.
Also Read- LEGAL NOTICE BEFORE RERA CASE FOR ANY DEFICIENCY
Let us read the section first:
72. While adjudging the quantum of compensation or interest, as the case may be, under section 71, the adjudicating officer shall have due regard to the following factors, namely:—
(a) the amount of disproportionate gain or unfair advantage, wherever, made as a result of the default;
(b) 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 officer considers necessary to the case in furtherance of justice.
Also Read- REFUND AND COMPENSATION UNDER RERA PANCHKULA AND PUNJAB
It says without holding an enquiry, adjudicating officer can’t pass the award of compensation and thus it is very important to lead evidence in this regard.
Also people don’t understand why it is so difficult to get compensation from Adjudicating Officer in RERA Panchkula and RERA Punjab.
I will try to explain:
As the refund itself comes with the prescribed rate of SBI MCLR plus 2% , there’s nothing much left for adjudicating officer to do . Why?
See you are already awarded interest on the amount invested which is somewhere 10.50% . So the damage is already compensated as interest for delay.
Also Read- RERA SALIENT FEATURES
Now if you want to have compensation on top of that , then you better prove it with evidence.
Compensation can be claimed on two accounts:
A. Pecuniary
B. Non pecuniary
Pecuniary Damages can be
1 Any monetary loss like bank emi’s per month, rental receipts etc.
2 Litigation costs incurred on the case.
3 Loss of opportunity – For e.g you would have constructed the house or plot in lesser price as compared to construction cost today. Same goes for registering the property but do check circle rate before pleading your case.
Also Read- RERA PUNJAB & PANCKULA HARYANA APPELLATE AUTHORITY
Non pecuniary damages can be
1 Mental harassment and agony.
2 If there is any health loss supported by medical bills splurging out of this transaction can be claimed too.
3 Delay in possession might have postponed their family plans affecting future prospects for e.g marriage, child planning, education of a child but support with evidence. Like school was far and for that paid higher school fees, didn’t got married since no house was there etc.
The logic is what injury the delay in possession or deficient service has caused you and accordingly you can claim compensation.
Also Read- RERA PROVISIONS THAT A CONSUMER MUST KNOW!
But be ready to hire the best of RERA Panchkula Haryana and RERA Punjab advocates lawyers for your case or you will end up withdrawing your case.
Free legal advice on RERA matters may be cheap but for effective and solid case before the Haryana RERA Authority, be willing to shell out cost for filing case/complaint in Haryana RERA Panchkula or RERA Punjab as the situation demands so.
For more info on the subject, you may call 99888-17966 . This post is written by Advocate Satish Mishra practicing in RERA courts of Haryana Panchkula and RERA Punjab situated in Sector 18 Chandigarh.
Also Read- DELAY COMPENSATION IN HRERA PANCHKULA
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