August 28, 2021 Prashant Kanha 0 Comments

The Real Estate (Regulation & Development) Act, 2016 was enacted by the Parliament for regulation and promotion of real estate sector, and to ensure efficiency and transparency in sale of plot, apartment and building or real estate project.

Under Section 31 of Real Estate (Regulation & Development) Act 2016, a complaint can be filed by an aggrieved person against a promoter, allottee or real estate agent for the violation or contravention of the Act. In case of U.P. RERA, which has two seats one at Lucknow and other at Gautam Buddha Nagar, the entire Court is functioning as an e-Court from March 2, 2020. The parties are only present at RERA at the date of hearing, the rest of process is completely online only.

Under section 43 of Real Estate (Regulation & Development) Act, 2016, it is mandated that the appropriate Government shall establish an Appellate Tribunal. Under section 58 of Real Estate (Regulation & Development) Act, 2016, any person aggrieved by any decision or order of the Appellate Tribunal may file an Appeal before the Hon’ble High Court. The grounds of filing such an appeal shall be the same as prescribed under section 100 of Civil Procedure Code, 1908.

For further information regarding the technicalities of remedies under RERA, contact an advocate.

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