Goa RERA (Recovery of Interest, Penalty, Compensation, Fine Payable Forms of Complaints and Appeal etc.) Rules, 2017

Goa Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine Payable Forms of Complaints and Appeal etc.) Rules, 2017

Government of Goa
Department of Urban Development
Notification
11/43/2017-DMA/2468
Panaji, 24th November, 2017 (Agrahayana 3, 1939)

Whereas, the draft rules, namely, the Goa Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017 which the Government of Goa proposed to make in exercise of the powers conferred by sub-section (1) and clauses (oa), (r), (s), (u), (zb), (zc) and (zf) of sub-section (2) of section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016) were pre-published vide Notification No. 11/43/2017-DMA/1571 dated 31/8/2017, in the Official Gazette,

Extraordinary No. 2, Series I No. 22, dated 31st August, 2017, inviting objections or suggestion from all persons likely to be affected thereby within ten days from the date of publication of the said Notification in the Official Gazette;

And whereas, the said Official Gazette was made available to the public on 31st August, 2017;

And whereas, no objections or suggestions have been received from the public on the said draft Rules by the Government within the stipulated period.

Now, therefore, in exercise of the powers conferred by sub-section (1) and clauses (oa), (r), (s), (u), (zb), (zc) and (zf) of sub-section (2) of section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine Payable Forms of Complaints and Appeal etc.) Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.— In these rules, unless the context otherwise requires,—

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act No. 16 of 2016);

(b) “Appellate Tribunal” means the Goa Real Estate Appellate Tribunal established under sub-section (1) of section 43 by the Government by notification in the Official Gazette;

(c) “Authority” means the Goa Real Estate Regulatory Authority established by the Government under sub-section (1) of section 20;

(d) “Chairperson” means the Chairperson of the Authority;

(e) “Form” means the form appended to these rules;

(f) “Government” means the Government of Goa.

(g) “section” means section of the Act.

(2) Words and expressions used and not defined in these Rules but defined in the Act shall have the same meanings as respectively assigned to them in the Act.

3. Manner of recovery of interest, penalty and compensation.— Any interest or penalty or compensation imposed on a promoter or an allottee or a real estate agent shall be recoverable under section 40 of the Act, from such promoter or allottee or real estate agent, as the case may be, as an arrears of land revenue under the provision of the Goa Land Revenue Code, 1968 (Act No.9 of 1969).

4. Manner of enforcement of the order, direction or decision of the Adjudicating Officer or Authority.— Every order passed by the Adjudicating Officer, Authority or Appellate Tribunal which it is empowered to do under the Act or the rules and regulations made thereunder, shall be enforced by the Adjudicating Officer or Authority in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court. In the event such Adjudicating Officer or Authority is unable to execute the order, it shall send a copy of such order to the principal civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court of original jurisdiction within the local limits of whose jurisdiction the person against whom the order is being issued, resides, or carries on business, or personally works for gain alongwith a certificate stating that such an order has not been executed by it.

5. Terms and conditions and the fine payable for compounding of offence.— (1) The court may, for the purpose of compounding of any offence under section 70, accept a sum of money as specified in the Table below:—

S.N. Offence Sum of money to be paid for compounding the offence
1 Offence under sub-section (1) of section 59 5 percent of the estimated cost of the real estate project which may extend upto 10 percent of such estimated cost.
2 Offence under sub-section (2) of section 59 5 percent of the estimated cost of the real estate project which may extend upto 10 percent of such estimated cost.
3 Offence under section 64 5 percent of the estimated cost of the real estate project which maty extend upto 10 percent of such estimated cost.

(2) On payment of the sum of money for compounding the offence as ordered by the Court, no further proceeding shall be taken against the accused person in respect of the same offence, and any proceeding already taken or initiated shall stand abated and the accused person, if in custody, shall be discharged.

(3) The promoter, allottee or real estate agent, as the case may be, shall comply with the order of the Court within the period specified by the court.

6. Manner of filing a complaint with the Authority and the manner of holding an inquiry by the Authority.— (1) Any aggrieved person, having any interest in the project, may file a complaint with the Authority for any violation under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the Adjudicating Officer, in Form ‘A’ hereto, in triplicate, which shall be accompanied by a fee of rupees five thousand paid through NEFT or RTGS system or any other digital transaction mode:

Provided that, when the Authority makes a provision for filing a complaint online/web-based, it shall not be necessary to submit such form in triplicate.

(2) The Authority shall follow the following procedure for the purposes of deciding any complaint filed under sub-rule (1):—

(a) The Authority shall, upon receipt of the complaint, issue a notice alongwith the copy of such complaint and the relevant documents to the respondent. Such notice shall specify a date and time for further hearing of the case;

(b) In case the Authority is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint.

(c) In case the Authority is satisfied on the basis of the submissions made that there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it.

(d) On the date so fixed, the Authority shall require the applicant and respondent to give evidence or to produce any document which in the opinion of the Authority, may be useful for or relevant to the subject matter of the inquiry. Thereafter, the Authority shall have the power to carry out an inquiry on the basis of documents and submissions.

(e) The Authority upon consideration of the evidence produced before it and other records and submissions is satisfied that,—

(i) the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder it shall pass orders, adjudging the quantum of compensation as it thinks fit in accordance with the provisions of the Act, the rules and regulations made thereunder with reasons to be recorded in writing; or

(ii) the respondent is not in contravention of the provisions of the Act, the rules and regulations made thereunder, the Authority may, by order in writing, dismiss the complaint, with reasons to be recorded in writing.

(f) If any person fails, neglects or refuses to appear, or present himself as required before the Authority, the Authority shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

7. Manner of filing application with the Adjudicating Officer and the manner of holding an inquiry by the Adjudicating Officer. — (1) Any aggrieved person may file an application in form “B” hereto with the Adjudicating Officer, for the purpose of adjudging compensation under section 12, 14, 18 or 19. The application shall be accompanied by a fee of rupees five thousand paid through NEFT or RTGS system or any other digital transaction mode.

(2) The Adjudicating Officer shall follow, the following procedure for the purposes of deciding any application filed under sub-rule (1):—

(a) The Adjudicating officer shall, upon receipt of the application issue a notice along with the copy of such application and the relevant documents to the respondent. Such notice shall specify a date and time fixed for hearing of the case.

(b) In case the Adjudicating Officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint.

(c) In case the Adjudicating Officer is satisfied on the basis of the submissions made that there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it.

(d) On the date so fixed, the Adjudicating Officer shall require the applicant and respondent to give evidence or to produce any document which in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry. Thereafter, the Adjudicating Officer shall have the power to carry out an inquiry on the basis of the documents and submissions.

(e) The Adjudicating Officer upon consideration of the evidence produce before it and other records and submission is satisfied that,—

(i) The respond is in contravention of the provisions of the Act or the rules and regulations made thereunder it shall pass orders, adjudging the quantum of compensation as it thinks it in accordance with the provisions of the Act, the rules and regulations made thereunder with reason to be recorded in writing; or

(ii) The respond is not in contravention of the provisions of the Act, the rules and regulations made thereunder, the Adjudicating Officer may, by order in writing, dismiss the application with reasons to be recorded in writing.

(f) If any person fails, neglects or refuses to appear, or present himself as required before the Adjudicating Officer, the Adjudication Officer shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

(g) The Adjudicating Officer shall before passing an any order, consider the factors specified in section 72.

8. Manner of service of notice and order.— (1) Adjudicating Officer shall deliver a certified copy of the order to the Applicant and respondent.

(2) A notice or an order issued under these rules shall be served in any of the following manner,—

(a) by delivering or tendering it to that person and person’s authorised agent in an electronic form produced that there is sufficient evidence of actual delivery of the electronic records to the concerned person; or

(b) by sending it to the person by registered post with acknowledgement due to the address of his place of residence or he last known place or residence or business place; or

(c) if it cannot be served under clause (a) or (b) above, then by affixing it, in the presence of two witnesses, on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided, or carried on business or personally worked or last worked for gain.

9. Manner of filing appeal to the Appellate Tribunal.— (1) Every appeal filed under sub- -section (1) of section 44 shall be accompanied by a fee of rupees five thousand paid through NEFT or RTGS system or any other digital transaction mode.

(2) Every appeal shall be filed in Form “C” hereto in triplicate along with the following documents,—

(a) attested true copy of the order against which the appeal is preferred;

(b) copies of the documents relied upon by the appellant and referred to in the appeal;

(c) index of the documents:

Provided that, when the Authority makes a provision for filing a appeal online/web-based, it shall not be necessary to submit such form in triplicate.


 


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