Odisha RERA Issues Guidelines For Resolving Disputes Between Buyers & Promoters

Bhubaneswar: The Odisha Real Estate Regulatory Authority (ORERA) has constituted a Conciliation and Dispute Resolution (CDR) cell and issued operational guidelines.

A notification in this regard was issued in July.

The cell will work as an alternative dispute resolution platform for distressed homebuyers and promoters to amicably resolve disputes, arising with reference to the Real Estate (Regulation and Development) Act, 2016.

Legal experts will soon be appointed to the cell, ORERA chairman Asit Kumar Mohapatra told TNIE.

He noted that previous attempts to operate the CDR cell in Odisha were unsuccessful, but ORERA is studying successful models in other states, like Maharashtra, where such cells have effectively resolved disputes outside courts.

The ORERA had made a similar attempt in January last year, but the cell couldn’t become operational as it lacked government approval.

The guidelines

— Disputes between promoters, agents and allottees, which are under the purview of the Act, shall be decided by the CDR cell when referred by ORERA or on an application submitted by one of the parties.

— The authority may refer the complaint to the CDR cell with the consent of both parties involved if it is satisfied that there is a possibility of settlement by way of conciliation.

— The party interested in the conciliation of any dispute may file their application, and the same should be sent to the opposite party by post or email. The opposite party has to convey their consent for conciliation within seven days of receipt of the communication for conciliation.

— On receipt of the consent of the opposite party, the first party shall make a payment of Rs 500 in favour of the secretary, ORERA. Thereafter, the matter will be referred to the CDR cell, and the parties will be intimated of the date, time, and venue of the hearing before the CDR cell.

The cell will have two months time to decide on the matter. Both parties need to be present during the hearing. If the parties agree on a settlement, it could be put in writing, and both parties need to sign the agreement.

— The consent agreement reached will be binding on the parties and persons involved in a dispute. Due cognisance of the non-compliance will be taken into account in further proceedings of the authority if the aggrieved party approaches ORERA.

— If the parties fail to arrive at a solution, the matter shall be forwarded to ORERA or any other court.

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