RajRERA: Constitution of RERA authority and appellate tribunal


The Rajasthan High Court has put stay on of the Jaipur Real Estate (Regulation and Development) Tribunal as it was not constituted as the provisions of the RERA Act. According some reports to avoid financial burden, it was decided not to set up a permanent appellate tribunal. On same reasons the food safety was hearing RERA cases. Setting up a full-fledged appellate tribunal seemed to be an additional financial burden on the state.

However, as per the Act it is mandatory to have an independent appellate and decision was taken in this regard.” Now due above the reason the High court has stay the proceeding of the both the Jaipur RERA Authority and the Tribunal. As per the mandatory provisions of RERA, the developers have to register themselves on RERA website. Also the aggrieved consumers can register their complaints on the website and thereafter file physical copy with the authority.

Following the approval, the urban development and housing (UDH) department invited applications across the country to constitute RERA, authority and appellate tribunal. A senior UDH official informed, the department has already constituted three member committee to select tribunal member. The committee would nominate authority and appellate tribunal. However, date to invite application has been extended as few candidates applied. The authority has extended dates to receive applications till November 15. Once the candidates are selected, process of constitution will start.

At present, around 500 complaints related to issues over flats and housing schemes in Rajasthan are waiting to be heard. Also the hearing of the pending cases can only start after the constitution of RERA, authority and appellate tribunal. However the homebuyers can register their complaint along with documents. On the basis of the complaint, notices would be issued to the respondents. Now the situation will arise what will happen if the respondent does not reply, in this case the RERA will take immediate action. But if the respondent files a reply, then both the parties will have to wait for hearing date. Until then the authority will only function partially.

Disclaimer – Please note that the above articles is based on the interpretation of related laws and judicial pronouncement which may differ from person to person. The reader are expected to take the expert opinion on the matter.

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