Last Updated on September 23, 2018 by Legalseva.net
Now that RERA is here what about appeals to RERA Appellate Authority in Punjab and Panchkula, Haryana.
The RERA Act itself mandates the formation of such authorities where appeal against RERA Authority and Adjudicating officer should lie.
RERA is a game changing legislation for Indian Real Estate Market which can be seen from the recent court pronouncements.
Also Read- RERA Provisions that a Consumer Must know!
For the RERA Haryana Panchkula Authority that made the news are:
- India: RERA- Haryana: Withdraw Certifications To Incomplete Projects by Mondaq.
- Withdraw OCs or CCs given to incomplete projects: Haryana RERA – by Indiatimes.
- Haryana RERA to Act against builders securing fradulent OC’s – by Economictimes.
- Haryana To Constitute Appellate Tribunal To Hear Complaints Of Allottees Against H-RERA Decision by Accomodationtimes.com
- Unregistered projects come under RERA too: Gurgaon bench – By Indiatimes.
Also Read- No OC without CC – Punjab RERA
For RERA Punjab Authority currently at Mohali
- RERA: Find real state of Punjab’s real estate- by tribuneIndia
- Complaints not maintainable against promoter whose project is not registered: Punjab RERA- HindustanTimes
- Punjab RERA wakes up to bite by TribuneIndia
- Realtor fined for undue charges, harassment- TribuneIndia
- To move court or go to RERA: What should home buyers do?- ETRealty
Also Read- RERA Retroactive not Retrospective
Once the complaint is decided either by adjudicating officer or RERA Authority, what is next level of Grievance Redressal or statutory remedy ?
A. Chapter 7 of RERA Act, Sec 31 & 44 talks about Appeal and fees of Haryana Real Estate (Regulation & Development) Rules 2017 , Page 252 of bare Act.
B Punjab State Real Estate (Regulation & Development ) Rules 2017. Sec 44 & 84 (2) (u) talks about Appeal and fees applicable at page 90 of bare Act.
C RERA Central Act at page 48 and 49 of the Act. Sec 43 talks about establishment & 44 talks about settlement of disputes and appeals of tribunals.
The appeal is to be filed within 60 days of the order or decision of Adjudicating Officer or RERA Authority.
Appeal to be disposed off within 60 days if the appellate authority may order for interim orders as desired.
Also Read- RERA Salient Features
Appellate Authority can:
1 summon , enforce , record or attendance of person on oath.
2 Discovery and Production of documents.
3 Recovery evidence on affidavits.
4 Issuing commissions for examinations of witnesses or documents.
5 reviewing its decisions
6 dismiss application for default & ex-parte
7 Any other matter which may be prescribed.
Also Read- FAQS RERA PUNJAB HARYANA PANCHKULA
Rule Punjab 26(2) Form (L) Appellate Tribunal , Sec 44 of the Act.
A. All orders of appellate tribunal shall be executable by a decree of civil court and powers of civil court vested .
B. Transmit any order made by it to the civil court having local jurisdiction and such civil court shall execute the order as it were a decree made by the court.
C In case the party is not satisfied, appeal to High Court within 60 days. Delay can be condoned if High Courts are satisfied.
No appeal against consent of the parties.
Also Read- DOES RERA COVER COMMERCIAL PROJECTS?
Remember to take stay before Appellate Tribunal or else there is penalty for failure to comply with the orders of RERA Authority and Adjudicating Officer as per RERA Act.
For legal assistance or advice related to RERA Punjab at Mohali or RERA Haryana Panchkula Authority , please dial 99888-17966 or write to us at [email protected]
