Under the Real Estate Regulatory Authority (RERA) law, conciliation boards play a crucial role in resolving disputes between homebuyers and developers in a timely and efficient manner. Here's an overview of conciliation boards under RERA:
1. Establishment: RERA authorities typically establish or designate conciliation boards at the state or regional level. These boards consist of representatives from the real estate industry, legal experts, and consumer representatives who have expertise in dispute resolution.
2. Objective: The primary objective of conciliation boards is to provide an alternative dispute resolution mechanism for resolving conflicts between homebuyers and developers. The boards aim to facilitate a fair and amicable settlement through conciliation, negotiation, and mediation.
3. Jurisdiction: Conciliation boards have jurisdiction over disputes related to real estate projects registered under RERA. They can handle various types of disputes, including matters related to delay in possession, non-compliance with the agreement, quality issues, and any other grievances arising between the homebuyer and the developer.
4. Conciliation Process: When a dispute arises, either the homebuyer or the developer can approach the conciliation board by filing a complaint. The board will then invite both parties for conciliation proceedings. The process involves a neutral mediator who assists the parties in reaching a mutually acceptable settlement. The mediator facilitates discussions, identifies common interests, explores possible solutions, and helps in finding a resolution that satisfies both parties.
5. Timelines: RERA emphasizes the timely resolution of disputes, and conciliation boards are expected to adhere to specific timelines for resolving cases. The exact timelines may vary between states, but they are generally designed to expedite the conciliation process and provide swift relief to the parties involved.
6. Binding Settlement: If the parties reach a settlement through conciliation, it becomes binding on both the homebuyer and the developer. The terms of the settlement are recorded and signed by the parties, and it has the same legal effect as a decree of a civil court. Non-compliance with the settlement can result in penalties or other legal consequences.
7. Legal Recourse: If the parties are unable to reach a settlement through conciliation, the homebuyer or the developer may choose to pursue legal remedies by approaching the RERA Authority appropriate judicial or quasi-judicial forums.
8. Conciliation boards under RERA provide an accessible and efficient platform for resolving real estate disputes outside of the formal judicial system. They aim to promote effective communication, mutual understanding, and fair settlements between homebuyers and developers, thereby reducing the burden on courts and expediting dispute resolution.
The specific procedures, composition of the boards, and guidelines for conciliation may vary between states as RERA is implemented at the state level. Therefore, it is advisable to refer to the RERA regulations of your particular state or seek legal advice to understand the conciliation board's specific workings and processes in your jurisdiction.
ADV. LEENA KAULGEKAR.
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