Q: How can an aggrieved person file a complaint with the Authority?

A: An aggrieved person can file a complaint with the Authority by following these steps:

1. Form and Documentation: The complaint must be filed in Form ‘CRA’ in triplicate.

2. Fees: The complaint must be accompanied by a fee as prescribed in Schedule III, payable via a demand draft or a banker’s cheque drawn on a Scheduled bank in favor of “Haryana Real Estate Regulatory Authority.”

3. Submission: Submit the form and documents to the Authority as outlined in the regulations.

Q: What is the process followed by the Authority for deciding a complaint?

A: The Authority follows a summary procedure for inquiry:

1. Issuance of Notice: Upon receipt of the complaint, the Authority issues a notice to the respondent detailing the alleged contravention and specifies the date and time of the hearing.

2. Response: The respondent must file a reply to the complaint within the timeframe specified in the notice.

3. Hearing:

• 1. The Authority schedules and communicates a date and time for further hearings.
• 2. At the hearing, the Authority explains the alleged contravention.
• 3. If the respondent pleads guilty, the Authority records the plea and may impose a penalty.
• 4. If the respondent contests the complaint, the Authority demands an explanation.

Q: What actions can the Authority take if it requires further inquiry into the complaint?

A: If the Authority determines that further inquiry is needed, it may:

• 1. Order Production of Evidence: Request the production of documents or other evidence.
• 2. Carry Out Inquiry: Conduct an inquiry based on the evidence and submissions.
• 3. Summon Witnesses: Summon and enforce the attendance of witnesses or require them to produce documents relevant to the case.

Q: What happens if the respondent is found to be in contravention of the Act or rules?

A: If the Authority finds that the respondent is in contravention of the Act or rules, it will:

• 1. Pass Orders: Issue orders, which may include imposing penalties in accordance with the Act or rules.
• 2. Dismiss the Complaint: If the respondent is not found to be in contravention, the Authority may dismiss the complaint with reasons recorded in writing.

Q: What happens if a person fails to appear before the Authority?

A: If a person fails to appear or present themselves as required, the Authority can proceed with the inquiry in their absence after recording the reasons for doing so.

Q: What should be done if a party to the complaint is represented by an authorized person?

A: If a party is represented by an authorized person, a copy of the authorization and the written consent of the authorized person must be attached to the complaint or the reply to the notice of the complaint.

Q: How are the day-to-day functions of the Authority managed?

A: The day-to-day functions of the Authority, not covered by the Act or rules, are managed as specified by regulations made by the Authority.

Q: How can an aggrieved person file a complaint for interest and compensation with the adjudicating officer?

A: To file a complaint for interest and compensation, an aggrieved person should:

1. Use Form: Submit the complaint in Form ‘CAO’, in triplicate.

2. Fee Payment: Pay the fee as specified in Schedule III, using a demand draft or banker’s cheque drawn on a Scheduled bank in favor of “Haryana Real Estate Regulatory Authority,” payable at the branch where the Authority's office is located.

3. Submission: File the form and fee at the appropriate office of the adjudicating officer.

Q: What is the procedure followed by the adjudicating officer for adjudging interest and compensation?

A: The adjudicating officer follows a summary procedure:

1. Issuance of Notice: Upon receipt of the complaint, the officer issues a notice with details of the alleged contravention and relevant documents to the respondent.

2. Response: The respondent must reply to the complaint within the time specified in the notice.

3. Hearing:

• 1. The notice may specify a date for further hearings.
• 2. At the hearing, the adjudicating officer explains the alleged contravention.
• 3. If the respondent pleads guilty, the officer records the plea and may order payment of interest and compensation as per the Act.
• 4. If the respondent contests, the officer demands an explanation.

Q: What actions can the adjudicating officer take if further inquiry is needed?

A: If further inquiry is required, the adjudicating officer may:

• 1. Order Production of Evidence: Request documents or other evidence.
• 2. Carry Out Inquiry: Conduct an inquiry based on submissions and evidence.
• 3. Summon Witnesses: Enforce the attendance of persons who may provide useful evidence or documents.

Q: What happens if the adjudicating officer finds the respondent liable for interest and compensation?

A: If the adjudicating officer finds the respondent liable:

• 1. Order Payment: The officer will issue a written order specifying the payment of interest as per the rules and any additional compensation deemed appropriate.
• 2. Dismissal: If the respondent is found not liable, the complaint may be dismissed with written reasons provided.

Q: What if a person fails to appear before the adjudicating officer?

A: If a person fails to appear or present themselves, the adjudicating officer can proceed with the inquiry in their absence, recording reasons for doing so.

Q: How are the day-to-day functions of the adjudicating officer managed?

A: The day-to-day functioning of the adjudicating officer, not covered by the Act or rules, is specified by regulations made by the Authority.

Q: What should be done if a party to the complaint is represented by an authorized person?

A: If a party is represented by an authorized person, a copy of the authorization and the written consent of the authorized person must be attached to the complaint or the reply to the notice of the complaint.

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