Gurgaon: Haryana-Rera has formed a mediation forum and will begin to refer complaints that it feels can be resolved without the intervention of courts to it.
The regulator believes it will both speed up the resolution process, and therefore help clear a large number of pending cases, as well as help find solutions amicably in disputes that will otherwise become long-winded legal battles in courts.
The mediation forum, besides H-Rera appointed mediators, will consist of a representative each of homebuyers, the RWA concerned, and the real estate developer.
KK Khandelwal, chairman of the Gurgaon bench of H-Rera, said delays in delivery of projects, increase in costs during construction, skewed builder-buyer agreements and the absence of an effective enforcement mechanism have left homebuyers in agony for years. Complaints related to these issues have been pouring into H-Rera for redress.
“This has not only increased pressure on H-Rera but also on civil courts that are already dealing with a crisis in terms of pendency of cases,” Khandelwal said, adding the mediation forum will provide the parties an option for a settlement outside the formal proceedings of H-Rera.
He said H-Rera had constituted a panel of mediators skilled in real estate dispute resolutions. The cases that the regulator is considering referring to the forum are those where applications are made for mediation – before a formal complaint is filed – and those referred to the adjudicating officer (AO) of H-Rera. Mediation proceedings will be confidential and there won’t be any communication between H-Rera and the mediators once the complaint has been referred to the forum.
Khandelwal said in case the regulator is convinced that a particular complaint can be resolved through mediation, it can refer that to the forum without the consent of the parties involved. “The cases to be heard by the AO shall be taken up in bulk, which means complaints in the quantum of 15-20 cases a day shall be received,” he added.
Khandelwal said complaints pending before the regulator may be referred to the panel of mediators headed by the AO at any stage and at any time during proceedings. The H-Rera chairman said he believed the forum will facilitate a healthy, transparent and efficient real estate sector. “To start with, 310 complaints against EMAAR developers that are pending before H-Rera have been referred for mediation. These complaints shall act as a stepping stone in the mediation forum becoming institutionalised,” Khandelwal said.