How to Transfer Case to RERA From Consumer Forum

First of all why you should do it?

It is not that the consumer courts are bad or not efficacious enough but the reason is when we have exclusive courts for real estate matters, it should be heard before them. Atleast in my view.

And I am ok to disagree to agree.

Then Why?

Let us first read the provision that provides us to transfer case from District Consumer forum or State Consumer Commission to RERA? Sec 71 (1) of the RERA Acts says:

“Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, established under section 9 of the Consumer Protection Act, 1986, on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this Act.”

Also Read-   REFUND REFUSED BY HARYANA RERA

RERA is meant to regulate real estate sector. So the cases will be of real estate disputes only and it is a specialised tribunal for hearing grievances of home buyers.

Another reason is 60 days window for complaint disposal after the issuance of notice whereas for consumer courts the stipulated time for resolution of complaints is 180 days when the consumer complaint gets admitted.

Section 71 (2) of the RERA Act says:

(2) The application for adjudging compensation under sub-section (1), shall be dealt with by the adjudicating officer as expeditiously as possible and dispose of the same within a period of sixty days from the date of receipt of the application:

Provided that where any such application could not be disposed of within the said period of sixty days, the adjudicating officer shall record his reasons in writing for not disposing of the application within that period.

Also Read- APPELLATE AUTHORITY FOR RERA GURUGRAM

By far RERA is the quickest mechanism for early resolution of your complaints. Though it is not exactly 60 days but good enough to be disposed off within 90-120 days.

RERA (Real Estate Regulatory Authority) of Haryana is far much ahead in comparison to RERA Punjab at Chandigarh.

Haryana RERA Panchkula is making it true and disposing complaints within 60 days.

Don’t believe me? Check out their WEBSITE.

Coming to RERA Punjab. Its in the process and taking a little more time since the issue of Form M (RERA Authority) and Form N (Adjudicating Officer) cropped in. But don’t worry. Its going to be finished by the end of this month as Punjab RERA Appellate Authority at Mohali (Forest Complex where Punjab Education Tribunal is situated) is going to be out anytime soon and the order is going to stay for long unless someone challenges that in High Court.

Read it here- COMPLAINT M & N CONFUSION IN RERA PUNJAB

But it will be a rare thing in my humble view.

Coming back to your cases pending in Punjab State Consumer Disputes Redressal Commission at Sector 37 Chandigarh or Haryana State Consumer Disputes Redressal Commission at Panchkula, you must see the following first:

1 At what stage is your case is? Fixed for final arguments then please don’t touch it.

2 If its in the beginning and notices are only issued then you can make a call and transfer the case from State Consumer Commission of Punjab and Haryana to RERA Punjab or RERA Panchkula.

But before that you need to seek liberty to file it afresh from the court and give statements in writing .

I am sure best RERA Punjab and Haryana RERA Panchkula lawyers/advocates will guide you the process to withdraw your present complaint before the consumer court and file it before the RERA authority of your state.

3 If notices are issued and opposite party has appeared then take a conscious decision consulting your Punjab State Commission at Chandigarh /Haryana State Commission at Panchkula lawyer/advocate . He/She is surely going to assist you.

Also Read- HOW TO CHECK WHETHER PROJECT IS REGISTERED WITH RERA PANCHKULA

Once you have taken a conscious decision of withdrawing the proceedings before consumer court and file it in RERA, file the case with the same alleged facts and evidences. On filing a fresh complaint, the process commensurate and the matter is finally heard before the RERA Authority, be it of Punjab or Haryana.

Stages of Complaint in RERA Punjab:

1 File the complaint online. (Physical mode is not accepted strictly) Oh Poor! I can understand but they have made it so and we don’t have any option then to follow.

2 Once the complaints get filed, keep checking the status of it online in your account. Yes you have to sign up with valid email and mobile number to receive OTP and then register your complaint online at RERA Punjab website.

For your assistance, read by blog on FILE YOUR COMPLAINT ONLINE WITH RERA PUNJAB

& RERA IN PUNJAB & RERA PUNJAB AT MOHALI

 

3 Then on the first date, handover the physical set of copies. You will intimated by message on email or mobile or your best/top expert RERA Punjab lawyer will update you about the first date for issuance of notice.

4 Once notice is issued, reply will be filed by the respondents and copies of the same will be given to you as well.

5 Then the case is fixed for arguments. Simple!

There can be adjournments based on the convenience of either of parties and it is unpredictable to say anything in the beginning but RERA tribunals are serious and in matter of adjournments heavy fines are imposed.

Also Read- BEST EXAMPLES OF CONSUMER COMPLAINTS

Stages of Complaint in Haryana RERA Panchkula Authority:

1 Register your complaint online on the website. And you get Proforma B. File your complaint within 30 days of receiving the Proforma B in the standard format as prescribed by the RERA Panchkula Authority. It is highly recommended to take advice of RERA Panchkula lawyers for this work as they can make it utter simple for you.

2 Send advance notice to respondents before filing the complaint as prescribed in the rule. You have to give a certificate for the same saying you have filed the case.

For better understanding of RERA matters in Panchkula, please read my post on HOW TO FILE COMPLAINT IN PANCHKULA-RERA  and FAQS RERA PUNJAB HARYANA PANCHKULA &  REGISTER YOUR COMPLAINT ONLINE WITH RERA PANCHKULA &

RERA-PANCHKULA STRIKES AGAIN

3 On filing of complaint, you will get the receipt from office. Remember, the complaint has to be filed physically in the office of Haryana RERA Panchkula Authority.

4 Authority also sends the notice to respondent and the case gets fixed for reply. So at the very first date, case is fixed for reply and advance copy has to be sent to complainant prior otherwise heavy costs are imposed undoubtedly.

5 Once the case is fixed, then final arguments and your case gets disposed. Simple again!

Also Read- RERA PUNJAB & PANCKULA HARYANA APPELLATE AUTHORITY

Hope you understood the process of filing your complaints before Punjab RERA Authority and RERA Haryana Panchkula Authority and how to transfer your case from Consumer Court or State Consumer Commission to RERA.

For any specific info on subject, please dial 99888-17966.