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Section 16: Final order

Punjab Real Estate Regulatory Authority (Procedure for handling complaints and related matters ) Regulations, 2017State Regulations of Punjab · 2016

M o2} 3) @ ) An order on the top right hand comer shall show the number of the complaint, the date when the complaint was filed, and the date of the order.

The title of the order shall contain the names of all the parties with their addresses.

The order of the Authority disposing of a matter shall be as short and precise as practicable.

The Authority shall endeavor to pass final orders within fifteen days of the conclusion of the arguments.

The Authority shall upload its orders on its official website as soon as possible.

Finality of orders:- Every order of the Authority or Adjudicating Officer, shall, if no appeal or legal remedy available against such order under the provisions of this Act has been preferred/availed of during the period of limitation, be final.

Preservation of records: - 1 ) 3) In the case of complaints, the actual paper record containing the main file with original order sheet shall be preserved for a period of 7 years, or till the decision of any appeal preferred against any order of this Authority, whichever is later.

Provided that a soft copy of orders passed more than 7 years ago will be maintained on the Authority's website.

The Authority shall maintain a register containing complete particulars of record after the period stipulated in para (1) above.

All extra sets of documents submitted with the complaint shall be returned to the parties at their request, or by an order of the Authority.

Certified copy.- U} A copy of the final order shall be given to the parties free of cost, in person or through registered post. It shall be signed on the last page, carry the Authority's seal on every page, and also show the date of dispatch of the order.

In case a party requires an extra copy, it shall be issued to it duly certified by the Secretary or the Authorized Officer on payment of such fee as may be determined from time to time.

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21 % g% 3) Certified copies of any miscellaneous order passed by the Authority shall be supplied on payment of such fee as may be determined by the Authority from time to time.

Inspection of records:- Parties or their representatives can inspect the records of any matter by filing an application on payment of such fee as may be determined by the Authority from time to time.

Filing of criminal complaint:- Wherever a complaint is required to be filed by the Authority under sub-section (1) of section 80, it may authorize its Secretary or any other officer to file the complaint.

Dismissal of frivolous or vexatious complaints: — Where a complaint is dismissed by the Authority and it is found to be frivolous or vexatious, it may, for reasons to be recorded in writing make an order that the complainant shall pay to the opposite party such cost and compensation, as may be specified in the order.

Language of the Authority:-

(1) The proceedings of the Authority and any Adjudicating Officer shall be conducted in English, provided that any complainant shall be allowed to plead or represent his case in Punjabi if he so desires.

) The Authority may, in appropriate cases, direct translation of complaints and their accompanying documents into English from the original Punjabi.

Interim Orders, investigation, inquiry, collection of information, etc; — n The Authority may pass such ad-interim or interim orders, as the Authority may consider appropriate at any stage of any proeeedings, having regard to the facts and circumstances of the case.

(2) The Authority may make such direction or order as it thinks fit for collection of information, inquiry, investigation, entry, search, seizure and, without prejudice to the generality of its powers, including, inter alia, the following :—

(a) The Authority may, at any time, direct the Secretary or any one or more Officers or any other person as the Authority considers appropriate to study, investigate or furnish information with respect to any matter within the jurisdiction of the Authority under the Act and the Rules.

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(b) The Authority may, for the above purpose, give such other directions as it may deem fit and state the time within which the report is to be submitted or information furnished.

(c) The Authority may issue or authorize the Secretary or an Officer to issue directions to any person to produce before it and allow to be examined and kept by an Officer of the Authority directed in this behalf the books, accounts, etc., or to furnish any information to the designated Officer.

(d) The Authority may issue such directions, for the purpose of collection of any information, particulars or documents that the Authority considers necessary in connection with the discharge of its functions under the Act and the Rules.

(e) If any such report or information obtained appears to the Authority to be insufficient or inadequate, the Authority or the Secretary or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.

(3] The Authority may direct such incidental, consequential and supplemental matters to be attended to which may be considered relevant in connection with the above.

3) If the report or information obtained in accordance with Regulation is proposed to be relied upon by the Authority for forming its opinion or view in any proceedings, the parties to the proceedings shall be given a reasonable opportunity for filing objections and making submissions on such report or information.

22. Review (€5) Any person aggrieved by a direction, decision or order of a Member, the Authority, or an Adjudicating Officer, from which (i) no appeal has been preferred, or (ii) from which no appeal is allowed, may, upon the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when % the direction, decision or order was passed; or on account of some mistake or error apparent from the face of the recerd, may apply for a review of such order,

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-10- within thirty (30) days of the date of the direction, decision or order, as the case may be, to the Authority.

@) An application for such review shall be filed in the format prescribed in Form 1 appended to these Regulations, and be accompanied by the same fees as a complaint under these Regulations.

(3) The Authority shall for the purposes of any proceedings for review of its decisions, directions and orders be vested with the same powers as are vested in a civil court under the Code of Civil Procedure, 1908.

) When it appears to the Authority that there is no sufficient ground for review, the Authority shall dismiss such review application.

(5) When the Authority is of the opinion that the review application should be granted, it shall grant the same provided that no such application will be granted without previous notice to the opposite side or party to enable him to appear and to be heard in support of the decision or order, the review of which is applied for.

Saving of inherent power of the Authority: - Nothing in the Regulations shall be deemed to limit or otherwise affect the inherent power of the Authority to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Authority.

Amendment of orders:- Clerical or arithmetical mistakes in orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Authority either of its own motion or on the application of any of the parties.

Power to remove difficulties:~ If any difficulty arises in giving effect to any of the provisions of the Regulations, the Authority may, by general or special order, do anything not being inconsistent with the provisions of the Act or Rules, which appears to be necessary or expedient for the purpose of removing the difficulties.

Extension or abridgement of time prescribed:— Subject to the provisions of the Act or the Rules, the time prescribed by the Regulations or by order of the Authority for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reason by an order of the Authority.

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Where this provision sits

ActPunjab Real Estate Regulatory Authority (Procedure for handling complaints and related matters ) Regulations, 2017
Section16
Marginal noteFinal order
JurisdictionState of Punjab
StatusIn force as published by the source

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