No of­fi­cer in place to ad­dress buyer com­pen­sa­tion plaints

Hindustan Times (Jalandhar) - - PUNJAB & HARYANA - Mu­niesh­wer A Sa­gar mu­niesh­­gar@hin­dus­tan­

CHANDI­GARH: Nine months after the Real Es­tate (Reg­u­la­tion and Devel­op­ment) Act, 2016 (Rera Act) be­came op­er­a­tional and eight months after the Haryana real es­tate (reg­u­la­tion and devel­op­ment) rules, 2017 were no­ti­fied, home buy­ers in the state are await­ing the ap­point­ment of an Ad­ju­di­cat­ing Of­fi­cer.

The Rera Act and state Rera rules pro­vide for an ad­ju­di­cat­ing of­fi­cer in ev­ery state author­ity to ad­ju­di­cate on buy­ers’ com­plaints, seek­ing com­pen­sa­tion for the loss in­curred against a de­fault­ing builder.


For the pur­pose of ad­judg­ing com­pen­sa­tion un­der sec­tions 12, 14, 18 and sec­tion 19, “The Author­ity shall ap­point in con­sul­ta­tion with the ap­pro­pri­ate gov­ern­ment, one or more ju­di­cial of­fi­cer as deemed nec­es­sary, who is or has been a dis­trict judge to be an ad­ju­di­cat­ing of­fi­cer for hold­ing an in­quiry,” the act stip­u­lates. The Haryana Rera rules also pro­vide for, “Any ag­grieved per­son may file a com­plaint with the ad­ju­di­cat­ing of­fi­cer for in­ter­est and com­pen­sa­tion as pro­vided un­der sec­tions 12, 14, 18 and 19 in Form ‘CAO’.”

The ag­grieved per­son un­der Sec­tion 12 of the Act in­cludes one who made an ad­vance or de­posit on the ba­sis of in­cor­rect or mis­lead­ing ad­ver­tise­ment made by a pro­moter, and suf­fered losses be­cause of it.


Pos­ses­sion de­lays have be­come en­demic in the state’s hous­ing sec­tor. For pro­vid­ing com­pen­sa­tion in cases of de­layed pos­ses­sion, the Rera Act, un­der Sec­tion 18, al­lows al­lot­tees to file a com­plaint with the ad­ju­di­cat­ing of­fi­cer seek­ing com­pen­sa­tion from the builder for it. This sec­tion also pro­vides for com­pen­sa­tion in case of any loss caused to the buyer due to de­fec­tive ti­tle of land on which the pro­ject is de­vel­oped.

Ab­hay Upad­haya, the na­tional con­vener of the Fight for Rera, an as­so­ci­a­tion of home buy­ers, said, “The author­ity should ap­point the of­fi­cer at the ear­li­est for de­liv­er­ing timely jus­tice to the home buy­ers.”

“An ad­ju­di­cat­ing of­fi­cer is a an es­sen­tial con­di­tion of the Rera Act. Com­plainants are feel­ing crip­pled as this im­por­tant part of the Act and state rules is still to be im­ple­mented,” said Hi­man­shu Raj, a Chandi­garh based ad­vo­cate.

KK Khan­del­wal, chair­man, Haryana Rera (Gur­gaon), said, “The mat­ter of ap­point­ment of ad­ju­di­cat­ing of­fi­cer will come up in the next meet­ing of the author­ity slated this week.”

Ra­jan Gupta, chair­man, Haryana Rera (Panchkula), said, “The Panchkula author­ity has been just made. As and when these de­ci­sions are taken, we will let you know.”

Newspapers in English

Newspapers from India

© PressReader. All rights reserved.