Procedure for adjudicating complaints and determining compensation by the Authority and Adjudicating Officer, Regulations, 2021  

Procedure for adjudicating complaints and determining compensation by the Authority and Adjudicating Officer, Regulations, 2021

Department of Urban Development
Goa Real Estate Regulatory Authority

Notification
1/RERA/Regulations of GRERA/2020/05

In exercise of the powers conferred under section 85 of the Real Estate (Regulation and Development) Act, 2016, read with section 31, 32, 34, 38, 71 and 72 of the said Act, hereby makes the following regulation, namely:—

Short title and commencement.— (1) These regulations may be called Procedure for adjudicating complaints and determining compensation by the Authority and Adjudicating Officer, Regulation, 2021.

(2) They shall come into force at once.

1. Definitions.— (1) In these regulations, unless the context otherwise requires,—

(a) “Act” means the Real Estate (Regulations and Development) Act, 2016;

(b) “Chairperson.” means the Chairperson of the Goa Real Estate Regulatory Authority appointed under section 21;

(c) “Section” means a section of the Act;

(d) “Authority” means the Real Estate Regulatory Authority established under sub­section (I) of section 20;

(e) “Regulation” means as defined in the section 2 and sub-section (zo) of the Act;

(f) “Adjudicating officer” as defined under section 2(a) of the Act.

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

(3) The Authority has deliberated in detail the provisions under section 31, 32, 34, 35, 36, 37, 38 and 40 of the Real Estate (Regulation and Development) Act, 2016 and Rules thereof with regards to the power and authority vested for adjudication of cases by the Authority and the power and authority vested with Adjudicating Officer under section 71 and 72 read with section 12, 14, 18, 19 and 31 of the Act.

(4) The procedure for adjudicating complaints and determining compensation by the Authority and Adjudicating officer shall be regulated as follows:

(i) In a complaint, if the relief sought is of refund of the amount along with interest or payment of interest for delayed delivery of possession, or imposing penalty and interest there on, the Authority shall examine and decide the complaint.

(ii) In a complaint, if the relief sought is of compensation or interest by way of .compensation, the Adjudicating Officer has power to determine compensation under section 71 and 72 of the Act.

(iii) In a complaint, if the relief sought consist of both above (i) and (ii) instances, then the Authority shall adjudicate its part first and thereafter, refer it to the Adjudicating Officer for the limited purpose of determining compensation and interest there on. Under such circumstances, Adjudicating Officer may proceed to determine compensation based on the findings of the Authority, keeping in view the factors outlined in section 72 of the Act.

S. Kumaraswamy, IAS (Retd.),
Chairperson, Goa RERA.

Panaji, 31st August, 2021.


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