CHAPTER X – FILING OF COMPLAINT

No: DOH 109KHB2017 Karnataka Government Secretariat VikasaSoudha, Bangalore, Dated: 10-07-2017

NOTIFICATION - Whereas the draft of the Karnataka Real Estate (Regulation and Development) Rules, 2016 was published vide Government Order No. DOH 128 KHB 2016, dated: 24th October, 2016, in part I of the Karnataka Gazette ( Extra Ordinary Number 1193), dated 24th October, 2016 inviting suggestions from all persons likely to be affected thereby within fifteen days from the date of its publication in the Official Gazette And whereas, the said Gazette was made available to public on 24th October, 2016And whereas, suggestions have been received and considered by the State Government And whereas, the Government of India vide S.O No.3347, dated 28thOctober 2016 had made the order for removing certain difficulties in implementing the provisions of the Act

Rule 30 - Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the adjudicating officer

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(1) Any aggrieved person may file a complaint with the adjudicating officer for compensation under section 12, 14, 18 and 19 as per Form ‘O’ which shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a nationalized bank or a co-operative Bank in favor of regulatory authority and payable at the main branch of that bank at the station where the seat of the said regulatory authority issituated

(2) The adjudicating officer shall for the purposes of adjudging compensation follow summary procedure for inquiry in the followingmanner:-

(a) upon receipt of the complaint the adjudicating officer shall issue a notice along with particulars of the alleged contravention and the relevant documents to thepromoter

(b) the respondent against whom such notice is issued under clause (a) of sub- rule (2) may file his reply in respect of the complaint within the period as specified in thenotice

(c) the notice shall specify a date and time for furtherhearing

(d) on the date so fixed, the adjudicating officer shall explain to the promoter about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made there under and if thepromoter:-

I. pleads guilty, the adjudicating officer shall record the plea, and award such compensation as he thinks fit in accordance with the provisions of the Act or the rules and regulations, madethereunder

II. does not plead guilty and contests the complaint the adjudicating officer shall demand an explanation from thepromoter

(e) in case the adjudicating officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry itmay dismiss thecomplaint

(f) in case the adjudicating officer is satisfied on the basis of the submissions made that there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by him

(g) the adjudicating officer shall have the power to carry out an inquiry into the complaint on the basis of documents andsubmissions

(h) the adjudicating officer shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents which inthe opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry, and in taking such evidence,the adjudicating officer shall not be bound to observe the provisions of the Indian Evidence Act, 1872 (Central Act 11 of1872)

(i) on the date so fixed, the adjudicating officer upon consideration of the evidence produced before him and other records and submissions is satisfied that the promoteris:-

I. liable to pay compensation, the adjudicating officer may, by order in writing, order payment of such compensation, as deemed fit by the promoter to the complainant, or

II. not liable to any compensation, the adjudicating officer may, by order in writing, dismiss the complaint, with reasons to be recorded inwriting

(j) if any person fails, neglects or refuses to appear, or present himself as required before the adjudicating officer, the adjudicating officer shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doingso

(3) The procedure for day to day functioning of the adjudicating officer, which have not been provided by the Act or the rules made hereunder, shall be as specified by regulations made by theAuthority

(4) Where a party to the complaint is represented by an authorised person, as provided under section 56, a copy of the authorisation to act as such and the written consent thereto by such authorised person, both in original, shall be appended to the complaint or the reply to the notice of the complaint, as the case maybe

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