Haryana Real Estate Regulatory Authority, Gurugram, (Adjudication of Complaints) Regulations, 2018

The Haryana Real Estate Regulatory Authority, Gurugram (Adjudication of Complaints), Regulations, 2018

The Haryana Real Estate Regulatory Authority, Gurugram
Notification
The 16th February, 2018

No. 02/RERA GGM Regulations 2018.— In exercise of the powers conferred on it under Section-85 of the Real Estate (Regulation and Development) Act, 2016 and all others powers enabling it in that behalf, the Real Estate Regulatory Authority, Gurugram hereby makes the following regulations:

Short Title, Object, Commencement and Extent:

1. (a) These Regulations may be called the Haryana Real Estate Regulatory Authority, Gurugram, (Adjudication of Complaints) Regulations, 2018;

(b) These Regulations are meant to establish procedures for filing and adjudication of complaints relating to real estate projects, and all matters connected therewith or incidental thereto;

(c) These Regulations will come into force on the date of their notification in the Official Gazette;

Definitions

2. (a) Unless the context otherwise requires in these regulations:-

(i) “Act” means the Real Estate (Regulations and Development) Act, 2016 as amended from time to time;

(ii) “Authority” means the Haryana Real Estate Regulatory Authority, Gurugram;

(iii) “Regulations” means the Haryana Real Estate Regulatory Authority, Gurugram (Adjudication of Complaints), Regulations, 2018 as amended from time to time;

(iv) “Rules” means the Haryana Real Estate (Regulation and Development) Rules, 2017 as amended from time to time;

(v) “Promoter” shall have the same meaning as is assigned to it under sub-section (zk) of Section-2 of the Act;

Filling and Registration of Complaints:

3. Any person entitled to a relief under the Provisions of the Act, the Rules or the Regulations or the agreement made between the parties, may file a complaint with the Authority for violation or contravention of the provisions of the Act or the Rules or the Regulations or the agreement against any promoter, allottee, or real estate agent.

Explanation.— For the purpose of this regulation “Person” shall include the association of allottees or voluntary consumer association registered under any law for the time being in force.

4. The complainant should register his complaint on the website of the Authority before filing the same before the Authority in the format prescribed in these Regulations.

5. Till such time as the website of the Authority becomes operational, the registration of complaint may be made on paper in proforma-B annexed with these regulations. In proforma-B all relevant details of the complainant, the promoter-respondent and of the real estate project to which the complaint relates must be given.

6. The Mobile No. and the email Id provided by the complainant in Proforma ‘B’ shall be called Registered Mobile Number (RMN) and Registered Mail ID (RMID) of the complaint. All correspondence with the complainant after receipt of the complaint by the Authority shall be made on his RMN and RMID. A notice/communication made by the Authority through both these channels shall be deemed to be a proper service of notice to the complainant. Notice/Communication through post will not be necessary when a communication through the RMN and RMID is confirmed.

7. Complainant may represent personally before the Authority himself or do so through an authorised representative who may be a Chartered Accountant or Company Secretary or Cost Accountant or a Legal Practitioner or any of its officers. The name, Mobile Number and email of the person or agency through whom the complainant wishes to be represented shall also be deemed to be the RMN and RMID of the complainant. A notice on such RMN or RMID shall be deemed to be a proper service of notice to the complainant.

The Authority will send all communications to the complainant as well as to the representative of the complainant, but a notice/communication to any one of them will also be deemed to be a proper notice/ communication to the complainant.

8. After registering Proforma-B on the website of the Authority, all complaints shall be filed before the Authority on paper in quadruplicate plus copies in accordance of number of respondents in the format prescribed hereafter:

I. The complaint shall be comprised of seven parts as given below:-

(a) Index.

(b) Print out of the registration of the complaint on the website of the Authority (Proforma-B).

(c) List of dates.

(d) Brief facts.

(e) Issues to be decided.

(f) Relief sought.

(g) Affidavit.

II. Full copy book of the complaint should be Serial numbered.

III. Illustrations of each of the 7 parts of the complaint is given at Appendix-A, B, C, D, E, F and G of these regulations. All complaints should be filed as per the format given in the appendices. All complaints must be filed accompanied by prescribed fee and in accordance with given format after suitably modifying the same according to the facts of the case.

9. All complaints shall be examined by the office of the Secretary to the Authority to ensure that they are legible and in prescribed format and all Annexures cited in the complaint are annexed. Complaints which are not in the prescribed format shall be returned for correction and re-submission in the prescribed format. The complaints not accompanied by prescribed fees shall be returned. An intimation sent in this regard to the complainant on his RMN and RMID shall be deemed as “return of the complaint for correction”.

10. The Secretary shall cause all the complaints received in the prescribed format to be placed before the authority in its next meeting. Ordinarily all complaints shall be considered by the Authority within 7 days of their receipt.

11. The complaints may be delivered personally in the office of the Secretary or they may be sent by post. In case a complaint is found to be in the prescribed format, the same shall be placed before the Authority for consideration. However, if it is not in the prescribed format, a communication on the RMN and RMID shall be given regarding the deficiencies and the complainant will be asked to rectify deficiencies within 15 days. Only a complete complaint shall be deemed to be a complaint received by the Authority for adjudication. In case the deficiencies as pointed out to the complainant are not rectified within the given time frame, the complaint shall be filed under intimation to the complainant. However, the complainant shall have the liberty to file a fresh complaint in the prescribed format.

12. The Secretary shall prepare a Register of the complaints received which are complete for placing before the Authority. The Secretary shall place the Register before the Authority on weekly basis. An information relating to incomplete complaints will also be prepared in the similar manner and brought to the notice of the Authority every week.

13. All members of the Authority shall be given one copy each of the complaint at-least two days before the sitting of the Authority by the Secretary. An intimation of the date of hearing will also be sent to the complainant. The complainant may represent himself personally or through an authorised representative before the Authority on the date of hearing.

14. The Authority shall consider the complaint and upon finding a prima-facie case, may issue a notice to the respondent. The notice to the respondent shall ordinarily be of 21 days. It can be reduced at the discretion of the Authority depending upon the facts and circumstances of the case.

15. Notice to the Respondent shall be sent through registered post/courier with a copy of the complaint, by the Secretary. An intimation will also be sent through email and telephone no. of the respondent conveyed by the complainant or the phone no. or the mail Id of the respondent available with the Authority in its database.

16. An intimation of the notice issued to the respondent as well as of the date of hearing shall be given to the complainant on his registered mobile No./ registered mail.

17. The respondent shall submit four copies of his reply at least 7 days before the date of hearing. The respondent shall also send a copy of his reply to the complainant. The Secretary shall place the complaint along with the reply received from the respondent before the Authority. A full set of complaint and the reply received from the respondent shall be provided to each of the members on the bench at-least one day before the date of hearing.

18. In his reply the respondent should specifically agree with the assertions made by the complainant as supported by documents or specifically deny the same. In case the same are denied, the reasons and proof thereof must be given and documents in support of the assertions should be annexed.

The reply of the respondent shall be broadly in the same format as prescribed for filing the complaint. It shall be comprised of the following parts:

(i) Index.

(ii) Reply to the list of dates.

(iii) Reply to the facts alleged by the complainant. Any additional fact in the knowledge of the respondent may be cited along-with evidence.

(iv) Proposed issues for adjudication.

(v) Reply to the relief sought by the complainant.

(vi) Any other submission of the respondent.

(vii) Affidavit of the respondent in the same format as prescribed for the complainant.

19. Ordinarily no adjournment to either of the parties will be given. Adjournment can be granted when adequate  justification is furnished otherwise the adjournment shall be granted with cost which may be decided by the Authority depending upon facts and circumstances of the case.

20. Every complaint, every application, reply, affidavit, annexures to complaints or the reply etc. shall be in the English language and shall be typed in double spacing on one side of a superior quality Legal size paper having 70 GSM only with font Thorndale, font size 14 in double space with margins 1.25” on top, 0.75” on bottom, 1.75” on left side and 0.75” on the right side. It shall be headed “In The Haryana Real Estate Regulatory Authority, Gurugram, Haryana”. There shall be verbatim copies in case any document is required to be filed in triplicate. No memorandum of complaint or petition or application etc. or copy thereof shall be entertained unless it is legible.

However, annexures to complaint may be filed as photo copies which are legible, properly spaced with proper font size etc. mentioned herein above and self attested as to be a true copy.

21. Orders passed by the Authority upon hearing, will ordinarily be recorded and communicated within two days. The same shall be communicated to both the parties on their RMID along-with a message on RMN.

22. Final judgements delivered by the Authority shall be hosted on the website of the Authority and will become a part of its database accessible to the public. A copy of the judgement downloaded from the website of the Authority, will serve as a certified copy of the judgement for all intents and purposes.

23. The Authority may adopt any procedure it deems appropriate to arrive at a decision with mutual consent of both the parties. The consent so accorded by both the parties shall be furnished as a joint statement in writing by both the parties and the Authority may deliver its judgement based on such consent.


 


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