DIFFERENCE BETWEEN FORM M & N RERA…
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Rera a tribunal with powers to handle the increasing the litigation related to the buyer as well as Consumer in all forms .
The act saw it’s movement from the normal course of filing consumer act 1989 and Civil Procedure court to one common forum for all similar litigations for 2 reasons :-
1) Reduce the burden of litigation
2) Save the interest of customer
3) Regularise builder and hold them liable .
The act also provides provision stating that the order of the Tribunal shall be treated as Decree , hence making it appelable in the Appelate Court and Challengable in the High Court . Which also means there by that for this purpose the power of a District court has been sanctioned to the officer as well as bench of the Rera Tribunal.
The government has provided consumers with a relief under 3 Forms which are to be filled for various purposes so being Form L – M.
The forms A-K are for providing or taking information in the prescribed format for the builder/developer/developer who has to register himself / itself under section 4 of the Rera Act.
The Form L is for the purpose of Appeal .
Form N is to the Adjudicating Officer and derives the power under section 31 read with section 71 of the act , while the same section 31 also empowers the customer to file their griveance with the Authority under Form M to the Regulatory Authority
Section 31 states
Filing of complaints with the Authrity orthe adjudicating officer
- Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provision of this Act or the Rules and Regulations made thereunder against any promoter allottee or real estate agent as the case may be.Explanation – For the purpose of this sub-section “person” shall include the association of allottes or any voluntary consumer association registered under the law for the time being in force.
- The form, manner and fees for filing complaint under sub-section (1) shall be such as may be specified by regulations.While Section 71 statesPower to adjudicate
- For the purpose of adjudging compensation under sections 12, 14 and section 16, the Authority shall appoint in consultation with appropriate Government one or more judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of behing heard:
Provided that any person whose complaint in respect of matters covered under section 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 Protectoin Act, 1986, on or before the commencement of this Act he may, with the permission of such Forum or Commission, as the ase may be, withdraw the complaint pending before it and file an applicadtion before the adjudicating officer under this Act. - 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 such 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
- While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section ( 1 ), he may direct to pay such compensation or interest, as the case may be, as he thinks fit in accordance with the provisions of any of those sections.Hence Forth Filing of Form N shall consist of Compensation but as otherwise Form M shall be restricted to the Defects only.
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