Status as on- 26/03/21
With the increasing number of disputes between the homebuyers & the promoters and the long pendency of the cases before various Real Estate Regulatory Authority(s); the Hon’ble Uttar Pradesh Real Estate Regulatory Authority (“UPRERA”) has cumulatively taken the decision to hold National Lok Adalat on various dates in Lucknow and Greater Noida, to settle the disputes between the homebuyers and the promoters.
The Uttar Pradesh State Legal Service Authority had sent a proposal to arrange a National Lok Adalat on 10th April, 10th July, 11th September and 11th December this year, which will be taken up by the benches of UPRERA presiding in Lucknow and Greater Noida.
According to the Hon’ble UPRERA, the Lok Adalat will be held online and complaints filed before the bench under Section 31 of the RERA Act in which mutual agreement is possible or a party has filed an application for agreement will be heard. The Hon’ble UPRERA further added that those complaints filed before the adjudicating officer, Complaints under Section 31 of the RERA Act (both prevailing and pending) in which conciliation agreement is possible, or where an application for agreement has been filed by a party will also be taken up.
Widening the scope of the Lok Adalat, the Hon’ble UPRERA had also decided that those cases which are pending for execution under Section 63 of the RERA Act, can also be taken up and a conciliation agreement between the parties can be used to resolve the pending dispute. Those cases which are listed before the Secretary, UPRERA shall also be included in the lok Adalat, which can be resolved using the reconciliation agreement.
The Hon’ble UP-RERA, clarifying its aim behind the National Lok Adalat said that “Through Lok Adalat, homebuyers will get the opportunity for transparent amicable settlement and speedy disposal of their cases. The Lok Adalat will hear the same cases where settlement is possible on the basis of reconciliation agreement and the cases which have been pending for a long time”.
CONCLUSION
That the objective behind conducting the National Lok Adalat, including almost all the pending cases is not only to relieve the pendency burden upon the RERA but also to benefit the homebuyers in case their disputes can be resolved amicably with the builders. Whilst a normal case, take its due course of time to be heard & disposed, the Lok Adalat on the other hand settles the matter within a course of one day, if the parties are ready to settle. Thus, taking the opportunity the Hon’ble UPRERA has opted for the best possible measure to provide relief to the aggrieved homebuyers.
Disclaimer – The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in
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