Functions Of RERA Authority And Adjudicating Officers Under RERA Act

Published on 25 Oct 2019 by Shivi

The Real Estate (Regulation & Development) Act, 2016 is one of the largest steps taken by the government to protect homebuyers/property buyers from the illicit activities of builders in India. Before the enactment of RERA, there were only the consumer courts which dealt with homebuyers’ complaints against builders. However, the new real estate law in India has established the dedicated RERA Authority and Adjudicating Officers to deal with complaints relating to delayed possession matters, refund from builders, and much more. This blog discusses the functions of RERA Authority and Adjudicating Officers under the RERA Act, 2016.

RERA Authority Under RERA Act

The Real Estate (Regulation & Development) Act, 2016 lays down the provisions for the establishment of the Real Estate Regulatory Authority or RERA Authority in every state that notifies the RERA Act and enacts its own RERA Rules. As per the law, the RERA authority has the following powers and functions:

RERA Registration

The RERA Authority oversees the registration and regulation of real estate projects, builders/promoters and real estate agents registered under the RERA Act. Each project, builder or agent liable to get registered under RERA must get registered with the RERA Authority by filing an application.

Maintenance of Database

The RERA authority is required to maintain a database on its website with details of all registered real estate agents for public viewing. The Authority also has to maintain the database of agents whose registration has been rejected or revoked on its website.

Maintenance of Records

The RERA Authority under RERA Act has the power to maintain all the records of registered real estate projects and publish them on its website with all the project details for public viewing. 

Fee Regulation

The RERA Authority has the power to fix the regulations for standard fees levied on all the builders, promoters, allottees, or real estate agents of a particular area.

Dealing With RERA Complaints

The RERA Authority has the power to hear cases regarding violation of the RERA Act when any homebuyer or other aggrieved person file a complaint under RERA.

Compliance With RERA Laws

The RERA Authority is authorised to monitor compliance by every promoter, builder, allottee, and real estate agent with the real estate laws. The RERA Authority also has the power to ensure compliance of its order or decisions, by the builder, real estate agent or even the homebuyer. This means that the RERA Authority has the power to deal with the Execution of RERA order applications when a party is not complying with its order.

Promotion of Real Estate Sector

In addition to its powers, the RERA Authority is also responsible for facilitating the growth and promotion of a healthy, transparent, efficient and competitive real-estate sector, and make recommendations to the appropriate Government for the following:

  1. Promotion of interest of the allottees, promoter and real estate agent.

  2. Formation of a single-window system for ensuring time-bound project approvals and clearances for timeous completion of the project.

  3. Creation of a transparent and robust grievance redressed mechanism against acts of omission and commission of competent authorities and officials.

  4. Measures to promote the construction of environmentally sustainable and affordable housing, and encouraging standardization and use of appropriate construction materials, fixtures, fittings and construction techniques.

  5. Measures to encourage grading of projects on a variety of parameters of development, which includes grading of promoters.

  6. Measures to encourage cordial appeasement of disputes between the promoters and allottees through dispute settlement forums set up by the consumer or promoter associations.

  7. Measures to facilitate digitization of land records and system towards conclusive property titles with title guarantee.

  8. To serve the appropriate Government in matters relating to the development of real estate sector.

  9. Other relevant issues in connection with the promotion of the real-estate sector.

ALSO READ: Refund With Interest On Delayed Possession Under RERA

Adjudicating Officers Under RERA

The RERA Authority of a State can appoint one or more Adjudicating Officers after consultation with the state government for dealing with complaints under RERA.

The Adjudicating Officers have the power to accept or reject RERA complaints against builder filed by any aggrieved person for violation or contravention of the RERA Act or state RERA Rules. The Adjudicating Officers have the power to decide the compensation or refunds along with interest to be paid by the builder when a homebuyer files a complaint about delayed construction or any other contravention. 

The Adjudicating Officers have to decide upon such matters and pass an order within 60 days of accepting the RERA complaint.

The Adjudicating Officers also have the power to summon and enforce the attendance of any person known to the facts and circumstances of the case to give evidence or to produce any document which may useful for or relevant to the subject matter of enquiry.

If the Adjudicating Officers are satisfied that any person has failed to comply with the provisions of the RERA Act or state RERA Rules, they have the power to order the party to pay compensation or interest as they think fit in accordance with the Act.

The Adjudicating Officers may grant compensation in the following kinds of RERA Complaints:

  1. Incorrect or false information contained in any notice or advertisement or prospectus or model pertaining to any real estate project or property on the basis of which buyer has made any advance or deposit to the builder/ promoter

  2. Structural defect or any other defect in workmanship, quality or provision of services or any other obligation of builder/promoter as the agreement of sale that causes loss or damage to the buyer.

  3. Delay in possession of the property.

  4. Defect in the title of the property.

As per the RERA Act, homebuyers can file a RERA complaint against any builder for matters relating to compensation/refund with interest with the Adjudicating Officers and for any other kind of violation of the Act with the RERA Authority. 

Legistify has more than 600 RERA Lawyers in India who can help homebuyers in drafting, filing and representing their RERA Complaints, Applications for the execution of RERA order and appeals against RERA order. Call us at 846-883-3013 or send us an email at [email protected] to get connected to our top RERA lawyers near you.

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