Quick Facts Haryana RERA Panchkula & Punjab RERA Authority

Last Updated on March 23, 2020 by Legalseva.net

Here in this post, we will cover quick facts about Haryana RERA Panchkula Authority and Punjab RERA Authority at Chandigarh. Both these authorities are working stead fast to solve the problems of homebuyers in the region be it delay in possession, use of poor construction material, cancellation of unit, non-settlement of account books, lack of completion certificate/occupation certificate before taking possession and many other small issues.

Also Read- Everything you need to know about RERA

1. What is Real Estate (Regulation and Development) Act 2016?

• RERA is a great legislative imitative to promote and make transparency in real estate sector to protect the interest of the consumers.

 

2. When RERA comes into force?

• The Act came into force on 1^stMay 2016 with 59 of 92 sections notified. Remaining provisions came into force on1^stMay 2017.

3. To whom RERA is applicable?

• The act is applicable all over India except the same of Jammu and Kashmir. RERA covers all residential and commercial projects, including shops, offices and buildings.

4. To whom RERA is not applicable?

• (i) Where area of land proposed to develop does not exceeds 500 square meters.

(ii) When promoter received completion certificate prior to enforcement of this act.

(iii) Where project is for renovation or repair or re-development which not involve any marketing, new allotment, advertisement for selling of plots or flats, building etc.

5. What is the main aim of RERA?

• The initial aim of the act is to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal.

1. To boost the investments in real estate sector.

iii. To make relationship of promoter and allottee a trustworthy relationship.

Also Read- Decoding Haryana Rera Panckula Authority 2019

 

6. Why have some sections of the Act not been notified yet?

• Some section have not notified yet because the institutional Structures as establishment of Regulatory Authority and the Appellate Tribunal are necessary prior to their enforcement. E.g. Projects can only be sold after they are registered with the authority, thus, in the absence of the same there would be a vacuum.

7. Who is appropriate Government as per the Act?

• According to section 2(g) ‘ appropriate Government includes-:

1. In Matters relating to Union Territory without Legislature- Central Government.
2. In matters relating to Union Territory of Pondicherry- the Union Territory Government.

• For the Union Territory of Delhi- the Central Ministry of Urban Development.

1. For states- the State Government

Also Read- Rera Punjab Haryana Appeals at High Court Chandigarh

 

8. Definition of person includes?

• An individual.

1. A Hindu Undivided Family

iii. A company.

Iv.A firm under the Indian Partnership Act 1932 or the Limited Liability Partnership Act, 2008, as the case may be.

V.A competent authority.

1. An association of person or a body of individuals- incorporate or not.

vii A co-operative society registered under any law relating to co-operatives societies.

Viii Any other entity as appropriate government notify in this behalf

9. Does building include structure which is intended to be used for commercial purpose?

• Yes, as per section 2 (J) of definition of ‘building’ includes any structure or erection or parts of structure or building which are intended to be used for:-

1. Residential,
2. Commercial,

• Or for any business, occupation, profession ,

1. Or trade,
2. Or any other related purpose.
3. Definition of promoters includes public bodies or private bodies?

• As per section 2(zk) promoters includes both public or private real estate promoters.

Also Read- Complaint in Rera for Cancellation of Unit

 

11. Does definition of Promoters include all types of promoters in joint development?

• Yes, as per section 2(zk) promoters means every promoter of a joint development project whether he constructs or converts a building into apartment or who sells apartments or plots.

12. In case of default how much rate of interest payable by defaulted party and who will specify?

• Appropriate government will specify the rate of interest by making rules on this and party whether the promoter or the allottee that is on default will pay the interest.

  Also Read- Refund, Interest & Compensation in Rera

 

13. Is registration of real estate project is compulsory and what if project is ongoing before the commencement of the project?

• Yes as per sec 3 of RERA prior registration of the real estate project with the Real Estate Regulatory Authority established under this act is compulsory and if the project is ongoing before the commencement of the Act, then, promoter shall make application to authority for registration of project within 3 months of commencement of this Act.

14. What if promoter violates the provision of section 3?

• As per sec 59 If promoter not get register his project with the authority then he shall be liable to pay up to 10% estimated cost of the real estate project and if he again not comply with the directions of the authority then he shall be punishable with imprisonment for a term which may extends to 3 years or with fine extends to further upto10% of the estimate cost of the real estate project.

Also Read- Carpet Area Built up Area and Super Area as Per Rera

 

15. What if the project developed beyond the planning area but with the requisite permission of the local authority?

• If project developed beyond the planning area but with the requisite permission of local authority then as per proviso of section 3 of the act Authority if think necessary for the interest of allottees, can direct the promoter of the project to register the project with the authority and from stage of registration all rules and regulation of act shall apply on the that project.

16. What if the promoter gives false information in application for registration?

• If the promoter contravenes the provisions of section 4 and provide false information then shall be liable to pay the penalty which may extends to 5% of the estimated cost of the project as per sec 60 of the act.

Also Read- Haryana Rera Authority Cannot Decide Refund in Gurugram and Panchkula

 

17. What is the time period under which Authority grant registration or reject the application?

• As per section 5 of the Act within 30 days from the date of making of application by promoter, authority has to grant registration or reject the application for registration.

18. If authority fails to register or reject application within that period then what will happens?

• As per section 5 , if the authority fails to do within 30 days then

1. The project deemed to be registered.
2. Authority have to provide a registration number and a login id and password to the promoter to access the website of the Authority and to create their web page.
3. Is extension of registration is possible?

• As per section 6 , Extension of registration may be granted by the Authority in reasonable circumstances on the application of the promoter and fees paid, in case of “force majeure” .in other words circumstances with are beyond the control of the promoter such as war, drought, fire , cyclone, earthquake etc., plus promoter is not on default.

Also Read- Procedure Steps of Complaint in Rera Panchkula Authority

 

20. For how much time extension may be granted?

• Authority if may consider necessary can extends he registration period but not exceed period of 1 year.

21. On what grounds authority can revoke the registration?

• As per section 7 of the Act authority can on receipt of complaint or suo moto can revoke the registration after being satisfied that-

1. Promoters are on default on his duty as required to be fulfilled by him under this act.
2. Promoters violates any term or condition pof the registration.

• Promoter involved in any unfair practices or irregularities.

22. Is notice of revocation is must be given to the promoter by the authority?

• Yes , authority have to give 30 days’ notice to the promoter before revoking the registration of the project , as per sec 7 (2) and authority also have to state the reasons on which it is proposed to revoke.

Also Read- Can Builder Collect Service Tax Vat Gst After Rera

 

23. What shall be the duties of authority after revocation of registration of the project?

• According to sec 7 (4) , authority shall:-

1. Debar the promoter to access the website in relation to that project and also specify his name in list of defaulters and also display his photograph on website.
2. Also inform other states and U.T’s about such revocation.

• Facilitate the remaining development works of the project to be carried out.

1. Direct the Bank, holding project account, to freeze the account and take necessary steps for facilitating the remaining works of the project.
2. Issue directions as deemed fit to protect the interest of the allottees.
3. Who is real estate agent and is his registration with the authority is compulsory?

• As per section 2(zm) “It means any person who negotiates or acts on behalf of one person in a transaction of transfer of his plot, apartment or building, as the case may be, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of any other person to him and receives remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or building, as the case may be and includes property dealers, brokers, middlemen by whatever name called.”

1. Yes registration of a real estate agent is compulsory with the authority according to sec 9 of the act and without registration he cannot allow to facilitate the sale or purchase of any project, plot or any party of real estate project.

Also Read- Faqs Rera Punjab Haryana Panchkula

 

25. What shall be the duties and functions of the real estate agent?

• As per sec 10 of the act following is the duties and functions of the real estate agent:

1. Shall not facilitate the any real estate project which is not registered.
2. Shall maintain and preserved books of account, records and documents.

• Shall not involve in any unfair trade practices like making any orally in writing any false statement regarding approvals to project and concerning the services.

1. Shall not permit to publish any false advertisement in newspaper.
2. Shall facilitate the allottee with all information, documents and records for which he is entitled to know or see on time of booking of a plot or apartment.
3. What if real estate agent not comply with the provisions of section 9 or 10?

• If any real estate agent not comply with the provisions of section 9 or 10 and works or facilitate any project then he shall be liable to penalty under section 62, of 10,000 Rs for every day during which such default continues and which may extends to 5% of the cost of plot, apartment or building as the case may be.

Also Read- Does Rera Cover Commercial Projects?

 

27. What are the duties and obligations of the promoter after registration of the real estate project with the authority?

• Promoter shall make a web page on the website of the authority after receiving the login id and password

ii.Promoter shall enter all details of the proposed project on that webpage.

• Shall mention all the advertisement or prospectus issued or published by promoter on the website of the Authority.

1. He shall provide all the information regarding sanctioned plans layout plans, approvals from competent authorities and stage wise time schedule of completion of project etc. on time of giving allotment letter to the allottee.
2. He shall be responsible for fulfillment of all the rules and regulations under this act.
3. Promoter shall not accept sum more than 10% of the cost of the apartment, plot etc as an advance payment for booking before entering into written agreement to sell .and he have to register that agreement to sale.

• Shall develop the project according to sanctioned plans and layout plans and specification made by competent authorities.
• Promoter shall not transfer or assign his majority rights and liabilities to third party unless 2/3 allottee give written consent.

1. Promoter shall all insurances which are notified by the appropriate government and he is liable to pay the premium in respect of insurances and at time of giving possession to allottees shall provide them all the documents of insurances and transfer benefits of insurance to the association of allottees at the time of entering into agreement to sale.
2. He shall execute transfer of title deed in favour of allottees and hand over physical possession and also all the documents.
3. Can promoter make any additions and alterations in the sanctioned plans or in layout plans?

• No because that sanctioned plan or layout plan is approved ny competent authority and by the person who want to buy the apartment unless that minor additions or alterations are required by the allottees or may be necessary due to architectural and structural reasons duly recommended and verified by an authorized Architect or engineer after proper declaration and intimation to the allottee.

Also Read- Delay in Possession Complaint to Rera Punjab

 

29. Is transfer of project to third party results in extension of time of completion of project?

• No as per section 15 (2) proviso transfer of project to third party shall not results in extension of completion time of project but third party shall be duty bound to comply with all the pending obligations of the transferor and also liable as the real promoter in case of any default.

30. What if promoter fails to complete the project or unable to give the possession?

• If the promoter fails to complete the project on time or unable to give the possession than:

1. In case allottee want to withdraw from the project than on demand of him the promoter is liable to return the amount received by him in respect of apartment with rate of interest as prescribed in this behalf including compensation.
2. In case allottee doesn’t want to withdraw than promoter shall pay interest for every month of delay at rate prescribed till the handing over the possession.

• Shall pay compensation to allottee in case of defective title of the land which causes loss to him.

Also Read- Rera Punjab Form M and N Finally Settled

 

31. What are the rights and duties of allottees?

• As per section19 followings are the:

1. Rights :
2. Allottee shall entitle to obtain all information regarding sanctioned plans, layout plans which are approved by competent authority.
3. Allottee have right to know stage-wise time schedule of completion of project.

• Allottee have right to claim for possession of the apartment.

1. Allottee have right to get refund of amount paid with interest as prescribed, in case promoter fails to complete the project or unable to give the possession of the apartment.
2. Allottee shall be entitled to have all the necessary documents and plans after handing over the physical possession by the promoter.
3. Duties:
4. Allottee after entering into agreement to sale shall be liable to make necessary payments time to time as per the agreement.
5. He shall be liable to pay interest at such rate prescribed in case of delay in payment of amount agreed under agreement to sale.

• Every allottee shall participate in formation of association of allottees.

1. Every allottee shall take physical possession of the apartment, plot or building within 2 months of the occupancy certificate issued.
2. Allotee shall participate in registration of conveyance deed executed by promoter.

Also Read- Legal Notice Before Rera Case for Any Deficiency

 

32. Can obligation of allottee regarding payment of interest or his shares of charges of registration etc?

• Yes, as per section 19(8) obligation can be reduced by mutual agreement between the promoter and allottee.

33. Within how much time Regulatory Authority to be established and by whom?

• As per section 20, appropriate government shall establish an authority named as Real Estate Regulatory Authority, within one year from date of commencement of this act. And govt of two or more can male single authority or one state govt. can make one or more authorities for a single state or Union Territory.

34. Of How many members authority shall be consisting of and what shall be tenure of their office?

• Authority shall consist of 1 chairperson and not less than 2 whole time members appointed by appropriate government and they shall hold office for a term not exceeding 5 years.

Also Read- Execution of Rera Panchkula Orders

 

35. What circumstances leads removal of Chairperson and Members from their office?

• As per section26 following are circumstances which leads removal:

Chairperson or other member:

1. Has been adjudged as an insolvent.
2. Has been convicted of an offence, involving moral turpitude.

• Has physically or mentally incapable to perform his duties.

1. Has financial or other interest in the matter before his which results in prejudice.
2. Abused his position.
3. What will be the effect of vacancies or any defect in the constitution of the authority?

• No effect shall be there, vacancies or any defect in the constitution of Authority shall not invalidates the proceedings of the Authority even there is any irregularity in the procedure of the Authority it shall not affect the merits of the case.

Also Read- Appellate Authority for Rera Gurugram

 

37. Who shall file complaint with the Authority and on which grounds?

• Any aggrieved person can file the complaint against any promoter, allottee or real estate agent in case of violation or contravention of the provisions of this Act.

38. What are the functions of the authority?

• Authority shall make recommendation to appropriate government to facilitate the growth and promotion of healthy, transparent, efficient and competitive real estate sector.

1. Register and Regulate real estate projects and agents.

Iii.publish and maintain website of records for public viewing.

iv.Maintain database on the website.

v.Fix standard of fee to be levied on allottees or the promoters for each area under its jurisdiction.

1. To ensure compliance of its order, regulations or obligation on promoters under this Act.

Also Read- File Your Complaint Online With Rera Punjab

 

39. What are the powers of authority under this Act?

• Following are the powers of Authority under this Act:

1. Authority can call any promoter, allottee or any agent to furnish information which authority requires to be furnished.
2. Authority have same powers of a Civil Court under C.P.C.

• Power to issue interim orders.

1. Power to issue direction to promoters, allottees or real estate agents which it considers necessary.
2. Authority have power to impose penalty or interest on allottee, promoters or agents in case of default in fulfilling their obligations.
3. Authority have power to refer issue to the Competition Commission of India suo moto .

• Authority can within 2 years of any order passed can ratify his own order.

40. Who establish Central Advisory Council and how many member it consist of & to whom they represent?

• The Central Government establish by notification specify a date from which a Counsel to be known as Central Advisory Council. It shall consist of not more than 10 members to represent the interest of real estate industry, consumers, real estate agents, constructionlabourers, non-governmental organizations and academic and research bodies in the real estate sector.

41. What is the timeline to establish the Real Estate Appellate Tribunal?

• The appropriate government shall within period of 1year of commencement of this act, establish an Appellate Tribunal. Government can establish one or more benches appellate tribunal.

Also Read- Role of Adjudicating Officer in Rera

 

42. Who can file an appeal?

• The appropriate Government.
• Any Competent Authority.
• Any person aggrieved

By the direction/order/decision of the Authority or Adjudicating officer can file the appeal.

43. What is the limitation period to file an appeal?

• Appeal can be filed within 60 days from the date on which copy of direction/order/decision made by Authority or Adjudicating officer received by the aggrieved party.

44. Can appeal be entertain after expiry of 60 days limitation period?

• Yes, appeal can be entertain after expiry of limitation period if it satisfied that there was sufficient cause for not filing within 60 days.

45. Appellate Tribunal consists of how many members and what shall be the tenure of their office?

• Appellate Tribunal Consist of One Chairperson and not less than two whole time Members of which one should be the judicial member and other shall be the Technical or Administrative Member.

They hold their office for 5years and shall not be eligible for re-appointment.
Also Read- Jurisidction of Haryana Rera Panchkula Authority

46. Who can remove the chairperson and members and under what circumstances they shall be removed?

• The Appropriate Government may after consultation with the Chief Justice of the High Court can remove on following grounds-:

1. Has been adjudged insolvent.
2. Has been convicted for offence of moral turpitude.

• Has become mentally or physically incapable.

1. Has acquired financial or other interest which causes prejudice.
2. Abused his position.
3. What are the powers of the Appellate Tribunal?

• Appellate Tribunal shall not be bound by C.P.C but guided by its principles of natural justice.
• Appellate Tribunal can regulate its own procedure.
• Appellate Tribunal is not bound by the rule of evidence as given under Indian Evidence Act.
• Appellate Tribunal have same powers of Civil Court.

Also Read- Haryana Rera Judgments and Orders

48. Who can appear on behalf of the applicant before the Authority or Appellate Tribunal?

• Applicant can appear in person before the Authority or Appellate Tribunal or on behalf of him following persons can appear are :-

1. Chartered Accountants.
2. Company Secretary.

• Cost Accountant.

1. Legal Practitioner.
2. Is Appeal lies of order / decision of Appellate Tribunal and to which authority?

• Yes, appeal of order/ decision lies to High Court within 60 days from the date of communication of order/ decision of Appellate Tribunal.

50. What shall be the punishment for non-complying with the orders of the Appellate Tribunal by Allottee , Promoter, and real estate Agent?

• If promoter do not comply with there order of Appellate Tribunal than he shall be punished with term of imprisonment with May extends to 3years or fine for every day during which default continues which may extends up to 10% estimate cost of the real estate project, or with both.
• If Allottee makes default than he shall be punished with imprisonment which may extends up to 1 year or with fine for every day during which default continue and which may extends to 10% estimated cost of the plot, apartment or building, or with both.
• If Real Estate Agent is on default to comply than he shall be punishable with imprisonment which may extends to 1 year or with fine for every day during which default continues and which may extends to 10% of estimated cost of the plot, apartment or building of real estate project for which he facilitate the sale and purchase.

Also Read- Popular Punjab Rera Judgments

Rest don’t be your own lawyer and consult best RERA Advocates in Chandigarh Panchkula Mohali of RERA Panchkula and RERA Punjab Authority.

More on 99888-17966.