Finally after months of brainstorming and toiling, the Punjab RERA Appellate Tribunal has decided the issue of Form M and Form N between the Punjab RERA Authority and Adjudicating Officer .
Earlier Situation :
Form M- Complaint before RERA Authority for refund and interest.
Form N- Complaint before Adjudicating Officer for Compensation only.
Now ,The RERA Punjab Appellate Authority has held that Adjudicating Officer can decide both reliefs of compensation and refund and thus there is no bar by the way of notification or circular that Powers of Adjudicating Officer is only limited to compensation only.
PRERA in short, Punjab Real Estate Regulatory Authority has introduced circular /notification curtailing powers of Adjudicating Officer limiting to compensation in October 2018 which was later amended in November 2018.
The RERA Punjab Appellate Tribunal situated in Forest Complex at Mohali with this common order has disposed off 15 appeals as a bunch matter.
The Appellate Tribunal Punjab RERA held that in this situation, Authority and AO can come with different decisions for various reliefs as this could create problems in future for the Authority as well as litigants.
The bifurcation of violations and cause of action on basis of reliefs is not legally tenable and thus it should go to one Authority for adjudication, held Tribunal.
In earlier situation, complainants were to approach Two authorities for same relief. For refund, form M to RERA Authority Punjab and Form N for Adjudicating Officer.
Section 31 , Section 71 read with Rules 36 & 37 empowers Adjudicating Officer to conduct enquiry and award compensation plus interest under Sec 12, 14, 18 & 19 of the RERA Act read with Punjab RERA Rules.
Both RERA Punjab Authority and Adjudicating Officer can conduct enquiry under the RERA Act but Authority can’t under any specific provisions of Sec 12, 14, 18 & 19 can provide award or reliefs as desired.
Now if Authority wishes to challenge this order before Punjab and Haryana High Court at Chandigarh, then a second appeal has to be preferred but the ongoing proceedings will be halted for sure.
Let us hope this is not the case so. This post is written by Advocate Satish Mishra. Dial 99888-17966 for more info on the subject.