Property Disputes are very common occurrence in India, especially in places like Delhi, Mumbai, Bangalore and Chennai, where the property rates have touched the sky and steadily increasing with the passage of time. Such disputes consume a lot of time and cost in Litigation.  Additionally, disputes may also cause non-use or limited enjoyment of the property for a considerable long period of time until the issue is resolved. Real Estate (Development and Regulation) Act 2016, rules and regulations were made to solve the disputes of buyers and builders in the real estate sector in India. Real Estate Regulating Authority forums have appreciable benefits over consumer forums, filing complaints with the RERA is easy as compared to consumer forum, RERA does not have any pecuniary limit opposite to consumer courts which have pecuniary limitations. Moreover, RERA has power to investigate in a matter and issue notices on its own and also to imprison habitual offenders which the consumer courts clearly lack. A Conciliation discussion board is there to facilitate agreement of any disputes among the events and acts as a mediator among the aggrieved events. All the parties such as home buyers, developers, or real estate agents can get their grievances solved in the Conciliation forum before filing a complaint in Real Estate Regulatory Authority (RERA).

Reliefs Available to buyers if a builder fails to execute the orders:

  1. Total sum of money required to buy an alternate accommodation at current market price within the same area can be claimed as compensation by the buyer or allottee.
  2. Total amount of money required to rent out an alternate accommodation can be claimed as compensation by the buyer or allottee.
  3. You can also claim compensation against the builder for causing you loss of opportunity because the amount you paid to the builder could have been invested somewhere else.

How to file an online application 

1.The allottee has to register on the conciliation forum portal by using the login id and Password.

2. After Login, the allottee needs to raise the request by completing the application form.

3. The opposite party will get know about the complaint through SMS and email. After receiving request, the other party have to click on confirmation link. 

4. After the confirmation, option of making payment will be made available.

5. After the completion of payment, both the parties will be allotted a conciliation bench and will be intimated through an SMS or via email.   

6. If the both parties agree for settlement then they have to sign a conciliation agreement.

 Role of Conciliator

1. The Conciliator makes it sure that both the parties settle their dispute in an independent and impartial manner without any biasness. 

2. The Conciliation process would be guided by the principles of objectivity, fairness & justice, giving importance to, among other things, the rights of the parties, the usages of the trade concerned & the circumstances surrounding the conflict, including any past business relations between the parties.

3. The Conciliator may also recollect the situations of undertaking the conciliation lawsuits in this type of manner as to permit the each the events to specific their hobby and pay attention the oral statements of both party.

4.  The Conciliator at any level of the conciliation court cases may also make concept for agreement of the dispute. Such proposals mandatorily want now no longer to be in writing and want now no longer be observed with the aid of using a announcement of the reasons.

Settlement of Disputes

1.When both parties are ready to make settlements, a settlement agreement is drawn and duly signed by the both parties. 

2. Once the agreement is signed, it becomes binding on both the parties.

3. The settlement agreement is then certified by the conciliators and each party is given a copy of the certificate. 

Non Compliance

Both the parties have the obligation to comply with the terms and conditions of the agreement. If one of the parties fails to comply with such respective terms then the other party can approach to Real Estate Regulatory Authority (RERA).

Arbitral or Judicial Proceedings

The parties should not initiate any arbitral or judicial proceedings during the proceedings of conciliation. This can only be done in the case where it is necessary to for preserving his/her rights.

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