Role of Adjudicating Officer in Rera

Last Updated on December 15, 2018 by Legalseva.net

The Real Estate ( Regulation And Development) Act, 2016.

The purpose of this act is to protect home buyers and to increase investments in real estate industry.

Real Estate Regulatory Authority has to be established in every State.

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Features Of This Act.

Registration : land over 500 square meters or where 8 apartments are made such lands and apartments are to be registered to real estate regulatory authority.
Protection of buyers: Money is to be deposited in banks.

According to carpet area price will be fixed of the area.

Real Estate Regulatory Authority and Appellate tribunal : Real estate regulatory authority regulate Transactions for all projects.

Appellate tribunals has to adjudicate matters in 60 days.

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Role Of Adjudicating Officer.

Role of Adjudicating officer is given in Section 71 and 72 of Real Estate ( Regulation and Development) Act, 2016.

Section 71 : Power To Adjudicate.

For the purpose of adjudging compensation under sections 12,14,18 and 19 the authority shall appoint in consultation with the appropriate government one or more judicial officer as deemed necessary who is or has been a district judge to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard.

Provided that any person whose complaint in respect of matters covered under section 12,14,18 and 19 is pending before the consumer disputes redressal forum or the national consumer redressal Commission established under Section 9 of the consumer protection act, 1986 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 file an application before the adjudicating officer under this act.

The application for adjudging compensation under (1) shall be dealt with by the adjudicating officer as expeditiously as possible and dispose of the same within a period of sixty days from the date of receipt of the application.

Provided that where any such application could not be disposed of within the said period of sixty days the adjudicating officer shall record his reasons in writing for not disposing of the application within that period.

While holding an inquiry the adjudicating power shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which is in the opinion of the adjudicating officer may be useful for or relevant to the subject matter of the inquiry and if on such inquiry he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub section (1) he may direct to pay such compensation or interest as the case may be as he thinks fit in accordance with the provisions of any of those sections.

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Section 72 : Factors to be taken into account by adjudicating officer.

While adjudicating 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 –

The amount of disproportionate gain or unfair advantage, where ever quantifiable made as a result of the default.
The amount of loss caused as a result of the default.
The repetitive nature of the default.
Such other factors which the adjudicating officer considers necessary to case in furtherance of justice.

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In Simple Language.

Section 71 : Appointment of one or more judicial officer is done with consultation of appropriate government.

That judicial officer shall be or was district judge who is adjudicating officer.

That adjudicating officer hold inquiry for compensation under Sections 12,14,18 and 19 of RERA.

Any person whose complaint under Sections 12,14,18 and 19 of RERA is pending before any Redressal forum made under section 9 of Consumer Protection Act, 1986.

On receiving permission from any forum a person can withdraw his complaint and file it before RERA by an application.

The application is to be given to adjudicating officer who has to dispose it within sixty days.

And if he cannot dispose it in 60 days then he has to record reasons in writing for not disposing case in 60 days.

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Section 72 : Factors which adjudicating officer has to see while giving the amount of Compensation under section 71.

The factors which they have to see are:

Amount of disproportionate gain by default.
Amount of loss caused by default.
Repetitive nature of default.
Other factors which adjudicating officer thinks fit.