(1) Any aggrieved person may file a complaint with the Authority for any violation under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the adjudicating officer, in Form-N, in triplicate until the application procedure is made web based, which ’shall be accompanied by a fee of rupees one thousand in the form of a demand draft or bankers cheque drawn ona nationalised bank in favor of Authority and payable at the branch of that bank at the station where the seat of the said Authority is situated or through online payment,as the case may be.
(2) The Authority shall for the purposes of deciding any complaint as specified under sub-rule
(1), follow summary procedure for inquiry in the following manner, namely:-
(a) upon receipt of the complaint, the Authority shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent; : :
the respondent against whom such notice is issued under clause (a) above, may file his reply in respect of the complaint within’ the period as specified in the notice; i the notice may specify a date and time for further hearing and the date and time for the hearing shall also be communicated to the complainant;
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(d) on the date so fixed, the Authority shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules. and regulations made thereunder and if the .
respondent,-
(i) . pleads guilty, the Authority shall record the plea, and pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations, made thereunder;
(ii) does not plead guilty and contests the complaint the Authority shall demand an explanation from the respondent;
(e) in case the Authority is satisfied on.the basis of the submis sions made that the complaint does not require any further inquiry it may dismiss the complaint;
(f) in case the Authority is. satisfied on the basis of the submissions made that the there is need for furtner hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it;
(g) _ the Authority shall havé the power to carry out an inquiry into the complaint on the basis of documents and submissions; = .
(h) _ the Authority shall have the power to summon arfd enforce the attendance of any person acquainted with the facts and circumstances of the case to give’ evidence or the produce any documents which in the opinion of the Authority, may be useful for or relevant to the subject matter ofthe inquiry;
(i) on the date so fixed, the Authority upon consideration of the evidence produced before it and other recorts and submissions is satisfied that,-
(i) ‘the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder it shall pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations made thereunder;
(ii) the respondent is not in contravention of the provisions of the Act or the rules and regulations made:thereunder, the Authority may, by order in writing, dismiss the complaint, with reasons to be .tecorded in writing. 2 Gj) if any person fails. neglects or refuses to appear, or present himself as required before the Authority, the Authority shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.
(3) The procedure for day to day functioning of the Authority, which have not beenprovidedby the Act or the rules made thereunder, shall be as specified by regulations mide by theAuthority. te
(4) Where a party to the complaint is represented by an authorised person, as provided undersectiou. 56, a copy of the authorisation to act as such and the written consent thereto by suchauthorised person, both in original, shall be appended to the complaint or the reply to the noticeof the complaint, as the case may be. ;
36. Manner of filing a complaint with the adjudicating officer and the manner ofholding an inquiry by the adjudicating officer. (1) Any aggrieved person may file acomplaint with the adjudicating officer for interest and compensation under section 12, 14, 18and 19 in Form-O, intriplicate until the application procedure is made web based, which shallbe accompanied bya fee of Tupees one thousand in the form ofa demand draft or bankers cheque .drawn ona nationalized bank in favor of Authority and payable at the branch of that bank at thestation where the seat of the said Authority is situated or through online payment, as the casemay be. : ; :
(2) The adjudicating officer shall for the purposes of adjudging interest and compensation followsummary procedure for inquiry in the following manner, namely:-
(a) upon receipt of the complaint the adjudicating officer shall issue a noticealongwith particulars of the alleged contravention and the relevant documents to the promoter; ee
(b) the promoter 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 inthe notice; : ;(c) the notice may specify a date and time for further hearing and the date and time for the hearing shall also be communicated to the complainant;
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(d) on the date so fixed, the adjudicating officer shall explain to the promoter aboutthe contravention alleged to have been committed in relation to any of theprovisions of the Act or the rules and regulations made thereunder and if the promoter,-
(i) pleads guilty, the adjudicating officer shall record the plea, and by order in writing, order payment of interest as specified in rule 17 and such compensation as he thinks fit, as the case may be, in accordance with the provisions of the Act or the rules and regulations, made thereunder;
(ii) does not plead guilty and contests the complaint the adjudicating officer ‘shall.demand and explanation from the promoter; :
(e) in case the adjudicating officer is satisfied on the basis of the submissions madethat the complaint does not require any further inquiry it may dismiss the ‘complaint; :
(f)- _ in case the adjudicating officer is satisfied on the basis of the submissions made that the 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 com)laint on the basis of documents and submissions;
(h) the adjudicating officer shall have the power to summon and enforce theattendance of any person. acquainted with the facts and circumstances of thecase to give evidence or the produce any documents which in the opinion of theadjudicating officer, may be useful for or relevant to the subject matter of the inquiry; i
(i) on the date so fixed, the adjudicating officer upon consideration of the evidenceproduced before him and other records and submissions is satisfied that thepromoter is,- ” .
(i) liable to pay interest or compensation or-both, as case may be, the adjudicating officer may, by order in writing, order’payment of interest asspecified in rule 17 and such compensation, as he thinks fit,.as the casemay be, in accordance with the provisions of the Act, rules and regulations made thereunder;
(ii) not liable to pay any interest or compensation or both, as case may be. the adjudicating officer may, by order in writing, dismiss the complaint, with: Teasons to be recorded in writing; :
)) if any person fails, neglects or refuses to appear, or present himself as requiredbefore 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 doing so.
(3) The procedure for day to day functioning 8fthe adjudicating officer, which have not beenprovided by’ the Act or the rules made thereunder, shall be as specified by regulations made bythe Authori-y. :
(4) Wherea party to the complaint is represented by an authorised person, as provided undersection 56, a copy of the authorisation to act as such and the written consent thereto by suchauthorised person, both inoriginal shall be appended to the complaint or the reply to the noticeof the complaint, as the case may be.
CHAPTER- IX Budget and Report