Section 35 – Real Estate (Regulation and Development) Act, 2016

(1) Any aggrieved person may file a complaint with the Authority for
any violation under the Act or the rules and regulations made thereunder, save as those provided to
be adjudicated by the adjudicating officer, in Form-N, in triplicate until the application procedure
is made web based, which shall be accompanied by a fee of rupees one thousand in the form of a
demand draft or bankers cheque drawn on a nationalised bank in favor of Authority and payable at
the branch of that bank at the station where the seat of the said Authority is situated or through
online payment, as the case may be.
(2) The Authority shall for the purposes of deciding any complaint as specified under subrule (1), follow summary procedure for inquiry in the following manner, namely:-
(a) upon receipt of the complaint, the Authority shall issue a notice along with
particulars of the alleged contravention and the relevant documents to the
respondent;
(b) the respondent against whom such notice is issued under clause (a) above, may
file his reply in respect of the complaint within the period as specified in the
notice;
(c) the notice may specify a date and time for further hearing and the date and time
for the hearing shall also be communicated to the complainant;
(d) on the date so fixed, the Authority shall explain to the respondent about the
contravention alleged to have been committed in relation to any of the
provisions of the Act or the rules and regulations made thereunder and if the
respondent,-
(i) pleads guilty, the Authority shall record the plea, and pass such orders
including imposition of penalty as it thinks fit in accordance with the
provisions of the Act or the rules and regulations, made thereunder;
(ii) does not plead guilty and contests the complaint the Authority shall
demand an explanation from the respondent;
(e) in case the Authority is satisfied on the basis of the submissions made that the
complaint does not require any further inquiry it may dismiss the complaint;
(f) in case the Authority is satisfied on the basis of the submissions made that the
there is need for further hearing into the complaint it may order production of
documents or other evidence on a date and time fixed by it;
(g) the Authority shall have the power to carry out an inquiry into the complaint on
the basis of documents and submissions;
(h) the Authority shall have the power to summon and enforce the attendance of
any person acquainted with the facts and circumstances of the case to give
evidence or the produce any documents which in the opinion of the Authority,
may be useful for or relevant to the subject matter of the inquiry;
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(i) on the date so fixed, the Authority upon consideration of the evidence produced
before it and other records and submissions is satisfied that,-
(i) the respondent is in contravention of the provisions of the Act or the
rules and regulations made thereunder it shall pass such orders
including imposition of penalty as it thinks fit in accordance with the
provisions of the Act or the rules and regulations made thereunder;
(ii) the respondent is not in contravention of the provisions of the Act or
the rules and regulations made thereunder, the Authority may, by order
in writing, dismiss the complaint, with reasons to be recorded in
writing.
(j) if any person fails, neglects or refuses to appear, or present himself as required
before the Authority, the Authority shall have the power to proceed with the
inquiry in the absence of such person or persons after recording the reasons for
doing so.
(3) The procedure for day to day functioning of the Authority, which have not been
provided by the Act or the rules made thereunder, shall be as specified by regulations made by the
Authority.
(4) Where a party to the complaint is represented by an authorised person, as provided
under section 56, a copy of the authorisation to act as such and the written consent thereto by such
authorised person, both in original, shall be appended to the complaint or the reply to the notice of
the complaint, as the case may be.