People get platform to file appeals against RERA orders
Mohinder Verma
JAMMU, Dec 30: In order to provide a platform to the people to file appeals against the orders of Real Estate Regulatory Authority (RERA), the Government of Union Territory of Jammu and Kashmir has designated J&K Special Tribunal as Appellate Authority till a regular Tribunal is constituted.
“In exercise of the powers conferred by first proviso to Sub-Section 4 of Section 43 of the Real Estate (Regulation and Development) Act, 2016, the Government designates the J&K Special Tribunal as Appellate Authority for the purposes of the Act till a regular Tribunal is constituted in terms of Section 43 of the Act”, read a notification issued by Prashant Goyal, Principal Secretary to the Government, Housing and Urban Development Department.
The proviso to Sub-Section 4 of Section 43 read: “Until the establishment of an Appellate Tribunal, the appropriate Government shall designate, by order, any Appellate Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act”.
With this, the J&K Special Tribunal will hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the Adjudicating Officer and for matters connected therewith or incidental thereto.
Any person aggrieved by any direction or decision or order made by the Authority or by an Adjudicating Officer may prefer an appeal before the Appellate Tribunal. However, where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having deposited with the Appellate Tribunal at least 30 per cent of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the appeal is heard.
Any aggrieved person may prefer an appeal within a period of 60 days from the date on which a copy of the direction or order or decision made by the Authority or the Adjudicating Officer is received. However, the Appellate Tribunal enjoys the power to entertain any appeal after the expiry of 60 days if it is satisfied that there was sufficient cause for not filling it within that period.
The Appellate Tribunal will have, for the purpose of discharging its functions under Real Estate (Regulation and Development) Act, 2016, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of documents; receiving evidence on affidavits; issuing commissions for the examinations of witnesses or documents; reviewing its decisions and dismissing an application for default or directing it ex parte.
All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 for the purposes of Section 196 of the Indian Penal Code and the Appellate Tribunal shall be deemed to be civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure.
Every order made by the Appellate Tribunal will be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal will have all the powers of a civil court. Moreover, the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court.
It is pertinent to mention here that this is the second temporary arrangement in respect of Real Estate (Regulation and Development) Act, 2016 as even permanent Chairperson of the Real Estate Regulatory Authority has not been nominated till date and Principal Secretary to the Government, Housing and Urban Development Department is exercising the powers of Chairperson of the Authority.
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