Haryana

HARERA GURUGRAM ESTABLISHED MEDIATION FORUM FOR AMICABLE CONCILIATION OF DISPUTES

November 07, 2020 09:24 PM

Chandigarh (Face2News)

HARERA Gurugram has established a full-fledged mediation forum for amicable conciliation of disputes between the promoters and the allottees. Alternate Dispute Resolution (ADR) mechanisms like arbitration, mediation, and conciliation are much more private, economical and time-efficient than litigation and therefore, it is prudent that such mechanisms are incorporated in the myriad field of laws, particularly laws dealing with real-estate sector, which has a huge pendency of cases due to informed homebuyers approaching the real estate regulatory authorities for grievance redressal.

An official spokesperson said that the Haryana Real Estate Regulatory Authority, Gurugram (HARERA) has brought to the fore-front a multitude of cases of homebuyer's dissatisfaction in dealing with real estate developers and service providers. He further said that delays in delivery of projects, hike in costs during construction, skewed builder-buyer agreement, and the absence of an effective enforcement mechanism have increased homebuyer's trauma and agony over the years and has subsequently resulted in more number of complaints being brought before the Regulator. Furthermore, this has not only increased the pressure on HARERA authorities but also on our civil courts who are already dealing with the crisis of excess pendency of cases, he added.

The Authority will ensure that confidentiality of the mediation process is protected and there will not be any communication between the Authority and the mediator regarding the mediation during or after the process of mediation. To start with, 310 complaints against M/s EMAAR that are pending before the Authority have been referred for mediation. These complaints shall act as a stepping stone in the institutionalisation of the mediation forum along with setting up an exemplary illustration for further working of the new forum.

He said that Haryana Chief Minister, Mr. Manohar Lal had on several occasions stated that the state government is laying emphasis on redressing the disputes through counselling and mediation so as to minimize litigation. Therefore, in consonance with the state government initiative, the Haryana Real Estate Regulatory Authority, Gurugram, taking a step forward has decided to adopt mediation as an ADR mechanism for dispute resolution in real-estate matters and has set up a fully dedicated mediation centre/forum in the Authority, he added. He said that the mediation forum of HARERA, Gurugram will provide the parties an option to have a settlement outside the formal Authority proceedings.

He said that the Authority has constituted a panel of mediators, equipped with requisite skills to mediate in a dispute related to real estate projects. There shall be two types of cases that shall fall under the ambit of mediation forum set up by HARERA, Gurugram, first being the application made for mediation at pre-filing of formal complaint stage which shall be taken up by Grievance Redressal and Chief Public Relation Officer, HARERA Gurugram, Dr. Deepa Malik on individual basis and second being the complaints or cases referred by the Authority to District and Session Judge and Adjudicating Officer (AO), HARERA Gurugram, Mr. S.C. Goel (Retd) in terms of the provisions of section 89 of CPC.

He further said that in case the authority is convinced that a particular complaint case can be resolved through mediation then such references can be made by the Authority even without the consent of the parties. The cases to be heard by AO shall be taken up in bulk form which means that complaints in the quantum of 15-20 cases a day shall be received, he added. He said that such complaints which are already pending before the Authority may be referred to the panel of mediators headed by the AO at any stage and at any time during the proceedings of the court. The panel of mediators thus shall consist of three representatives, one from each party i.e. (i) one representative of the Residents Welfare Association; (ii) one representative of the Authority; (iii) one representative of the Promoter, he added.

He said that full-fledged mediation forum will facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector in order to take necessary measures for amicable conciliation of dispute between the promoter and allottees which shall be speedy, inexpensive, and economical at the same time.

The Authority will ensure that confidentiality of the mediation process is protected and there will not be any communication between the Authority and the mediator regarding the mediation during or after the process of mediation. To start with, 310 complaints against M/s EMAAR that are pending before the Authority have been referred for mediation. These complaints shall act as a stepping stone in the institutionalisation of the mediation forum along with setting up an exemplary illustration for further working of the new forum.

 

 
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