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Section 37: Filing a complaint with the adjudicating officer and inquiry by the adjudicating officer

Real Estate (Regulation and Development) Rules, PunjabState Rules of Punjab · 2016

(1) Any aggrieved person may file a complaint with the adjudicating officer for interest and compensation as provided under sections 12, 14, 18 and 19 in Form ‘N’ which shall be accompanied by a fee of one thousand rupees in the form of a demand draft or a bankers cheque drawn on a scheduled bank in favor of the Authority and payable at the branch of that bank at the station where the seat of the Authority is situated.

(3) The adjudicating officer shall for the purposes of adjudging interest and compensation follow summary procedure for inquiry in the following manner, namely :-

(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 the respondent;

PUNJAB GOVT. GAZ. (EXTRA), JUNE 8, 2017 (JYST 18, 1939 SAKA) 108 Section 31, 71(1) and 84(2)(zc)

(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 the 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;

(d) on the date so fixed, the adjudicating officer 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 there under and if the respondent,-

(i) pleads guilty, the adjudicating officer shall record the plea, and by order in writing, order payment of interest as specified in rule 15 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 there under; or

(ii) does not plead guilty and contests the complaint, the adjudicating officer shall demand an explanation from the respondent;

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

(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, he 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 and submissions;

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

(i) liable to pay interest and compensation, as the case may be, the adjudicating officer may, by order in writing, order payment of interest as specified in rule 15 and such compensation, as he thinks fit, as the case may be, in accordance with the provisions with of the Act or the rules and regulations made thereunder; or PUNJAB GOVT. GAZ. (EXTRA), JUNE 8, 2017 (JYST 18, 1939 SAKA) 109

(ii) not liable to any interest and compensation, as the case may be, the adjudicating officer may, by order in writing, dismiss the complaint, with reasons to be recorded in writing;

(I) 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 doing so.

CHAPTER IX BUDGET AND REPORT

Where this provision sits

ActReal Estate (Regulation and Development) Rules, Punjab
Section37
Marginal noteFiling a complaint with the adjudicating officer and inquiry by the adjudicating officer
JurisdictionState of Punjab
StatusIn force as published by the source

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