Last Updated on June 4, 2024 by Satish Mishra
In this post we will discuss about the detailed procedure for getting back the mandatory deposit amount required for filing an appeal in HREAT.
How to get refund of the amount deposited by the Appellant with the Haryana Real Estate Appellate Tribunal
Once the impugned order is held to be without jurisdiction and appeal filed by the appellant-promoter is going to be allowed, the amount of pre-deposit has to be returned/refunded to the appellant- promoter. The promoter is required to make the mandatory pre-deposit only to get its appeal entertained.
RERA Court works relief wise. Isn’t it? ‘Refund, penalty powers lie with RERA, not adjudicating officer’ on Hindustan Times.
As per the RERA rules of any state, the builder can only forfeit anywhere between Five to 10 percent of the total property amount if a booking is cancelled before allotment letter. This means that the buyer will have to pay the above-mentioned percent of the total price to the builder as a loss.
All the orders passed by the RERA are appealable under Section 44(5) of the Act and the Appellate Tribunal is required to dispose of the said appeals within 60 days from the date of receipt of the appeal.
Also Read – Policy Procedure for Refund under RERA
‘Pre-deposit’ must for realtors’ appeals, rules Punjab and Haryana High Court. Read on Tribune.
As per Section-43(5) of the Real Estate (Regulation & Development) Act, 2016, any person aggrieved by any direction or decision or order made by the Authority or by the Adjudicating Officer under the RERA Act, 2016 may prefer an appeal before the Haryana Real Estate Appellate Tribunal having jurisdiction of the matter. Further, where a promoter files an appeal with the Tribunal, it shall not be entertained without the promoter first having deposited with the Appellate Tribunal at least 30% of the penalty or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest or compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.
ALSO READ- PRE DEPOSIT BEFORE RERA APPEAL PUNJAB HARYANA AUTHORITY
STEPS:
File application in Proforma P-1, for disbursement of the amount. Such person in his application shall furnish bank account details, PAN No. and
proof of identity. On receipt of Proforma-P1, the concerned Law Associate
shall register a suo-motu complaint and issue notice to both the parties, if
not already issued earlier. Documents required for the same are mentioned below:
- Appeal No:
- Title of the Appeal:
- Name of the Applicant/ Claimant:
- Address:
- E-mail:
- Date & Order of the Haryana
- Real Estate Appellate Tribunal
- Amount claimed by the applicant: ra
- Date and Order of the
- Authority/ Adjudicating Officer
- Pre-deposit amount deposited
- with RERA Tribunal:
- Bank Details of the Applicant/Recipient:
- Name of the Bank:
- Branch Address:
- Account No:
- IFSC Code:
- PAN No. of the
- Applicant/Recipient:
The Authority/ Adjudicating Officer will take up the matter for passing an appropriate order regarding disbursement of the amount after hearing the parties on the date for which notice to the parties were issued.
On receipt of the orders of the Authority or the Adjudicating Officer in suo-motu complaint/ execution petition, the Accounts Section shall proceed further and release the amount to the complainant through the RTGS, as per orders of the Authority or the Adjudicating Officer.
The following is the procedure to be followed for refund or reimbursement of money deposited by the Appellant with the Haryana Real Estate Appellate Tribunal.
ALSO READ- LIMITATION IN FILING APPEAL RERA PUNJAB APPELLATE TRIBUNAL
This post is written by Adnan Motiwala
For case specific advice on real estate matters, one may contact top/best expert Punjab Haryana RERA Appeal Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur Baltana
More on 99888-17966.
