(65} 3) > The Cause List of complaints pending before the Authority, and the Adjudicating Officer, for the following week shall be made ready before the close of working hours of the last day of the preceding week and displayed on the notice board and the Authority's website.
The Cause List shall be split into three different parts, namely:-
(i) Matters for consideration, notice or reply;
(ii) Matters where evidence is to be received;
(iii) Matters for Arguments/Final disposal.
Every cause list shall contain the following particulars, namely:-
(i) Serial Number, (i) Number assigned to the complaint, (iii) Names of the parties, and (iv) Names of counsel or representative of parties If the next date of hearing is given in the presence of parties or their counsel or representatives, omission of a complaint or its particulars from the cause list will not be a matetial ground for their absence on that date.
34 Institution of complaints:- 1 @ “) Every complaint addressed to the Real Estate Authority or Adjudicating officer shall be filed online at the Authority's website.
Every complaint shall clearly contain the name of the project to which it relates, the registration number of the concerned projeet, particulars of the dispute, the specific provisions of the Act and Rules alleged to have been violated, and the relief claimed;
and also be accompanied by copies of such documents as are necessary to prove the claim made in the complaint.
A hard copy of the complaint, and additional copies equal in number to the number of respondents, shall be submitted at the first date of hearing before the Member or Adjudicating Officer to whom the complaint is entrusted under Regulation 7 below.
The complainant will be required to submit two additional sets of the complaint, and its supporting documents, if it is to be heard by the full Authority under Regulation 7 below.
Nomenclature to be given to the complaints: - 1) @ A complaint addressed to the Authority shall be referred to as General Complaint (GC), and a complaint addressed to an Adjudicating Officer shall be referred to as Adjudicating Complaint (AC).
All complaints received in a particular calendar year shall be numbered serially, in chronological order of their submission.
Provided that separate numbers shall be allotted to GCs and ACs respectively.
Scrutiny of complaints:- (O] @ Every complaint shall after its filing, be scrutinized by the Secretary or any officer authorized by the Authority in this behalf.
The Secretary or the Authorized officer shall scrutinize the complaint regarding the fees paid, compliance with Form M or N of the Rules, and the matters listed in Regulation 4 above.
7.
3) Q) )
(6) -4- If there arc any defects in the filing of the complaint, the particulars of such defects shall be recorded and the complainant or his representatives shall be asked to remove the same within 15 days.
In case the party disputes in the correctness of the defects pointed out, the matter shall be placed before the Authority or the Adjudicating Officer as the case may be for appropriate orders.
After the expiry of the time given, the matter shall, irrespective of the fact as to whether the defects have been removed or not, be placed before the Authority or the Adjudicating Officer as the case may be for appropriate orders.
If the objections raised by the Secretary or the Authorised Officer are substantial and are not removed within 15 days, the days taken in excess of this period shall not be excluded for calculating the period of limitation.
Entrustment of complaints:- 1 @ 3 Every complaint scrutinized under Regulation 6 shall be entrusted to a single- Member Bench of the Authority, or an Adjudicating Officer (if there are more than one), on random basis, for further proceedings.
If a single-Member Bench feels that a particular matter needs to be considered by the full Authority he shall refer it to the Chairperson for placing before the Authority.
The Chairperson may, on a request from a single-Member Bench or an Adjudicating Officer, or suo motu for appropriate reasons order the transfer of a complaint from one Bench or Adjudicating Officer to another; and also direct that a particular matter be considered by the full Authority.
Maintainability of complaints:- O} The Member or Adjudicating Officer to whom a complaint has been entrusted will satisfy himself about the maintainability thereof before issuing notice.
Provided that complaint shall not be rejected unless an opportunity of hearing has been provided to the complainant.
Provided further that the maintainability of a complaint shall ordinarily be decided within 15 days of its entrustment.