Home­buy­ers can also be im­pris­oned for RERA vi­o­la­tions IS THIS A FAIR MOVE?

HT Estates - - FRONT PAGE - HT Es­tates Correspondent

While the Real Es­tate Regulation Bill, re­cently passed in the Lok Sabha, has some strin­gent pro­vi­sions to pun­ish erring real es­tate de­vel­op­ers, it has also given power to reg­u­la­tory au­thor­ity and Ap­pel­late Tri­bunal to pun­ish those home­buy­ers who are re­luc­tant to com­ply with the norms.

Sec­tion 67 of the RERB says that if any al­lot­tee f ails to com­ply with the or­ders and di­rec­tions of the real es­tate reg­u­la­tory au­thor­ity, he will be pe­nalised up to 5% of the to­tal cost of his apart­ment.

Mak­ing t he pun­ish­ment more strin­gent, sec­tion 68 states that if a home­buyer fails to com­ply with the or­ders and di­rec­tions of the Ap­pel­late Tri­bunal, he will face a jail term of up to one year or fined up to 10 % of the cost of the pro­ject or both.

Any per­son, whether a builder or a buyer, who is not sat­is­fied with the or­der of the Real Es­tate Reg­u­la­tory Au­thor­ity ( RERA) c an chal­leng e i t s or­der by fil­ing an ap­peal in the Ap­pel­late tri­bunal.

The next ap­peal against the or­der of the Ap­pel­late Tri­bunal can be filed in the high court of the re­spec­tive states.

“Ei­ther of the par­ties, if dis­sat­is­fied with the or­der of the high court, can pe­ti­tion in the Supreme Court. This is the hi­er­ar­chy of ap­peal en­vis­aged in the bill. The first com­plaint will be filed with the reg­u­la­tory au­thor­ity and then from there it will go to the Ap­pel­late Tri­bunal, high court and then the Supreme Court of In­dia,” says Aditya Di­wan, a Supreme Court lawyer.

Sec­tion 67 of the RERB says that if an al­lot­tee fails to com­ply with the or­ders and di­rec­tions of the real es­tate reg­u­la­tory au­thor­ity, he will be pe­nalised up to 5% of the to­tal cost of his apart­ment

Mak­ing the pun­ish­ment more strin­gent, sec­tion 68 says that if a home­buyer fails to com­ply with the or­ders and di­rec­tions of the Ap­pel­late Tri­bunal, he will be given jail term of up to one year or fined up to 10% of the cost of the pro­ject or with both.

Any per­son, whether a builder or a buyer, who is not sat­is­fied with the or­der of the real es­tate reg­u­la­tory au­thor­ity (RERA) can chal­lenge its or­der by fil­ing an ap­peal in the ap­pel­late tri­bunal

To avoid the mul­ti­plic­ity of the lit­i­ga­tion, RERB makes it clear that any home­buyer who has taken his dis­pute to any con­sumer court, will have to first with­draw his case from the con­sumer court

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