Section 36 – Real Estate (Regulation and Development) Act, 2016

(1) Any aggrieved person may file a complaint
with the adjudicating officer for interest and compensation under section 12, 14, 18 and 19 in
Form-O, 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 nationalized 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 adjudicating officer shall for the purposes of adjudging interest and compensation
follow summary procedure for inquiry in the following manner, namely:-
(a) upon receipt of the complaint the adjudicating officer shall issue a notice along
with particulars of the alleged contravention and the relevant documents to the
promoter;
(b) the promoter against whom such notice is issued under clause (a) of sub-rule(2)
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 adjudicating officer shall explain to the promoter 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
promoter,-
(i) pleads guilty, the adjudicating officer shall record the plea, and by order in
writing, order payment of interest as specified in rule 17 and such
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compensation as he thinks fit, as the case may be, 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 adjudicating officer shall
demand and explanation from the promoter;
(e) in case the adjudicating officer 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 adjudicating officer 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 him;
(g) the adjudicating officer shall have the power to carry out an inquiry into the
complaint on the basis of documents and submissions;
(h) the adjudicating officer 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
adjudicating officer, may be useful for or relevant to the subject matter of the
inquiry;
(i) on the date so fixed, the adjudicating officer upon consideration of the evidence
produced before him and other records and submissions is satisfied that the
promoter is,-
(i) liable to pay interest or compensation or both, as case may be, the adjudicating
officer may, by order in writing, order payment of interest as specified in rule
17 and such compensation, as he thinks fit, as the case may be, in accordance
with the provisions of the Act, rules and regulations made thereunder;
(ii) not liable to pay any interest or compensation or both, as case may be, the
adjudicating officer 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 adjudicating officer, the adjudicating officer 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 adjudicating officer, 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.