Status as on- 29/08/2020
Speedy dispute redressal along with protection of rights and solution of the woes of the buyers is the primary objective of RERA. Conciliation forum is one such mechanism to resolve the issues adeptly. But there are several cases in which a conciliation agreement has not been honored by the builders. In such cases, UPRERA has called-on fresh appeals by the aggrieved homebuyers to get their cases heard.
UPRERA is taking dynamic steps to confront the upcoming contemporary hurdles in the real estate sector. One of the latest updates regarding those barriers is the right of the aggrieved homebuyer to approach the authority again if the conciliation agreement has not been honored by the other party. Buyers who have lodged complaints in UPRERA through a conciliator but did not get a satisfactory resolution will have to apply freshly for the same.
The UPRERA Conciliation Forum
The Real Estate (Regulation and Development) Act, 2016, allows respective states to develop ingenious mechanisms for the benefit of stakeholders. Forming of conciliation forums is one such initiative.
UPRERA is one among the few states to have a conciliation forum which was launched on 31st December, 2018. Conciliation forums are like lenient tools used to bring the homebuyers and developers to the negotiation table instead of initiating formal court proceedings. All types of complaints related to compensation, possession or refund can be filed with the forum.
Remedy for Buyers if conciliation agreement has not been honored
Generally, the conciliator helps the buyer and the builder to reach an agreement, which is signed by both the parties for future references. But buyers have complained that the builders have not honored the agreement even after the expiration of time provided.There are several homebuyers with similar issues but the lockdown is creating unfavorable conditions for them. Thus, considering all this UPRERA has asked buyers to make a fresh complaint before the UPRERA.
Thus, the best possible way for a buyer to get a remedy is by filing a fresh appeal in UPRERA to get his case heard. The aggrieved party can initiate a fresh proceeding against the builder under section 31(1) of The Real Estate (Regulation and Development Act, 2016).
Therefore, the above-mentioned situation of homebuyers reflects the need for better executory mechanism as well as need to widen and improve the powers of the conciliation forum. This further highlights the need to provide more execution powers to the RERA. That will enable it to enforce its orders and safeguard the rights of homebuyers. Furthermore, to consider the necessity to adopt the technological framework and embrace the digital era for an efficient and smooth working of courts.
Disclaimer- The above article is based on the interpretation of the related laws and judicial pronouncements. The readers are expected to take legal advice before relying on this article. The author can be reached at firstname.lastname@example.org or call the IP expert at 8383011629