Haryana Real Estate Appellate
Tribunal Regulations, 2021
[30 June 2021]
No. HREAT-2021/3814.- In exercise of
the powers conferred by Sub-section 2 of Section 53 Real Estate (Regulations
and Development) Act, 2016, the Haryana Real Estate Appellate Tribunal, hereby
makes the following Regulations to regulate its own practice and procedure.
CHAPTER
1
PRELIMINARY
Regulation - 1. Short title and Commencement :-
(i) These regulations may be called the Haryana Real Estate Appellate
Tribunal Regulations, 2021.
(ii) These Regulations shall come into force from the date of its publication
in the official gazette.
(iii) These regulations shall apply in relation to all matters falling within
the jurisdiction of the Tribunal in the State of Haryana
Regulation - 2. Definitions :-
(A) In these Regulations, unless the context otherwise requires:
(i) "Act" shall mean the Real Estate (Regulation and Development)
Act, 2016, as amended from time to time.
(ii) "Appeal" means an appeal filed under sub-section (1) of
Section 44 of the Act read with Rules framed thereunder.
(iii) "Authorized person" means a person authorized by the
appellant/s and respondent/s to represent him/them before the Tribunal and
includes the persons as explained in Section 56 of the Act.
(iv) "Authority" means the Haryana Real Estate Regulatory
Authority, Panchkula and the Haryana Real Estate Regulatory Authority, Gurugram
as the case may be.
(v) "Chairperson" means the Chairperson of the Haryana Real Estate
Appellate Tribunal appointed under section 46(2) of the Act.
(vi) "Code" means the Code of Civil Procedure, 1908, as amended
from time to time.
(vii) "Consultant" includes any person not in the employment of the
Tribunal who may be appointed to assist the Tribunal on any matter required to
be dealt with by the Tribunal under the Act, Rules and Regulations thereunder.
(viii) "Member" means Member of the Haryana Real Estate Appellate
Tribunal appointed under Section 46(3) of the Act.
(ix) "Proceedings" mean and include proceedings of all nature that
the Tribunal may conduct in the discharge of its functions under the Act and
the Rules and the Regulations thereunder.
(x) "Registrar" means the Registrar of the Haryana Real Estate
Appellate Tribunal and includes an officer of the Appellate Tribunal who is
authorized by the Chairperson to function as Registrar.
(xi) "Regulations" means the Haryana Real Estate Appellate Tribunal
Regulations, 2019 as amended from time to time.
(xii) "Rules" means the Haryana Real Estate (Regulation and
Development) Rules 2017.
(B) Words or expressions occurring in these Regulations and not defined
herein shall bear the same meaning assigned to them in the Act and the Rules thereunder.
CHAPTER
2
AREA
OF JURISDICTION
Regulation - 3 :-
Haryana Real Estate Appellate Tribunal
Regulations, 2021 shall be applicable to the State of Haryana.
CHAPTER
3
LANGUAGE
Regulation - 4. Language of the Tribunal :-
(i) The proceedings of the Appellate Tribunal shall be conducted in English.
(ii) No appeal, application, document or other papers contained in any
language other than English, shall be accepted by the Tribunal unless the same
is accompanied by true translation thereof in English attested by a qualified
translator and countersigned by the party concerned.
CHAPTER
4
DRESS
AND DISCIPLINE
Regulation - 5 :-
(i)
The
dress code for employees/officers of the Tribunal shall be dignified, sober and
formal. In addition, the peons and drivers shall wear dress prescribed as
under:-
* Navy Blue or Charcoal Grey Shirt and
trousers/safari suit in Summer;
* Navy Blue or charcoal grey sweater or
blazer in Winter
* Black Shoes.
(ii) The Advocates appearing before the Tribunal shall wear the same
professional dress as prescribed for appearance before the Court. The wearing
of gown is optional.
(iii) Where other legal representatives like that of chartered accountant,
etc. and if they have been prescribed a dress for appearing in their
professional capacity before any Court, Tribunal or Appellate Tribunal or other
such authority, may at their option, wear the same dress.
(iv) The party who has engaged a legal practitioner to appear for him before
the Tribunal shall not be entitled to be heard in person unless permitted by
the Tribunal.
(v) In the court hall or in any hearing before the Tribunal, no cell phone
or any other electronic gadgets shall be used or operated.
CHAPTER
5
SITTING,
WORKING HOURS AND CALENDAR
Regulation - 6. Sittings :-
(i) The head office of the Appellate Tribunal shall be at such place as
notified by the Government of Haryana.
(ii) The Appellate Tribunal may conduct its proceedings at the head office or
at any other place within its jurisdiction on days and time as directed by the
Chairperson.
(iii) In the absence of the Chairperson or vacancy of the Chairperson, the
other two Members can conduct the proceedings of the Tribunal. In such cases,
amongst the two Members, the Judicial Member will act as Chairperson.
(iv) When the Tribunal is closed on account of holidays, the Vacation Bench
shall sit on such days as may be specified by the Chairperson. During such
holidays, only the matters which are required to be immediately or urgently
dealt with, shall be received in the Registry and the Registrar on being
satisfied about the urgency, shall order registration and posting of such
cases.
Regulation - 7. Working Hours :-
(i) The Tribunal shall follow the office timings and holidays as notified
from time to time by the State Government of Haryana or its offices.
(ii) The Filing Counter of the Registry shall be open on all working days
from 9.00 AM to 4.00 PM.
Regulation - 8. Calendar :-
The Calendar of the Punjab and Haryana
High Court shall be followed for the purpose of sitting of the Tribunal.
CHAPTER
6
VI
PRESENTATION OF PROCEEDINGS
Regulation - 9. Presentation of Proceedings :-
(i) All appeals to be instituted with the Tribunal shall be presented online
in Form AAT as prescribed. (See Rule 22 )
(ii) Every appeal shall be accompanied by an appeal fee of Rs. 1000/- (Rupees
one thousand) along with fee of Rs.10/- per annexure and Rs.20/- for every
additional affidavit, payable by means of bank draft.
Note.- Separate fee of Rs.1000/- shall
be payable in case of filing of amended appeal. (See Schedule-III Rule 22)
Where a promoter files an appeal with
the Appellate Tribunal, it shall not be entertained without the promoter first
having deposited with the Appellate Tribunal 30% of penalty or such higher
percentage as may be determined by the Appellate Tribunal or the total amount to
be paid to the allottee including interest and compensation imposed on him, if
any, or with both as the case may be before the said appeal is heard. (See
Proviso to Section 43(5) of the Act.)
(iii) The hard copy of such appeals along with attachments shall be presented
to the Office of the Registrar or the authorized person within seven (7) days
from the date of online filing. On failure to submit hard copies within time,
such appeals shall be notified by the Registry for dismissal for want of hard
copies.
(iv) All other proceedings with attachments, if any, shall be instituted in
the Office of the Registrar.
(v) All proceedings to be presented to the Tribunal shall be in English and
in case it is in some other language, it shall be accompanied by a true
translation of the same in English and shall be legible, typewritten or printed
in double spacing with proper margin, duly paginated, indexed and stitched
together in paper book form and shall be presented in triplicate.
(vi) The authorized official, on receipt of proceedings as per (ii), (iii)
and (iv) above, shall affix the date and seal of the Tribunal on all pages
under his initials and thereafter shall on the same day send to the Registrar.
(vii) Court fee stamps affixed on Vakalatnama, Letter of Authorization and the
documents shall be checked and entered after due cancellation in the Court Fee
Register to be maintained as per the procedure.
(viii) In case of delay, if the last day of filing appeal falls on a holiday,
that day and succeeding holidays shall be excluded for the purpose of reckoning
the period of limitation. Appeal should be presented on the next working day
succeeding the holidays from the last date of limitation.
(ix) On examination of appeals, if the Registrar finds the same in order he
shall seek appropriate orders for allotment of appeal.
Regulation - 10. Documents to accompany Memorandum of Appeal :-
(i) Memorandum of Appeal with attachments with adequate number of copies to
be served on respondents;
(ii) If appeal is presented through an Advocate, necessary Vakalatnama duly
attested with necessary court fee stamp and Advocate Welfare Fund Stamp if
applicable. Vakalatnama shall contain the address of the advocate with
Enrollment Number, email ID, Mobile Number etc. for proper communication;
(iii) In the event a proceeding is filed by an authorized representative,
chartered accountant, cost accountant or company secretary as provided in
Section 56 of the Act, Power of Attorney or authority letter in original;
(iv) Certified copy of impugned order;
(v) All the documents shall be produced along with the list of documents
(Form B);
(vi) An application for condonation of delay when appeal is presented after
expiry of period of limitation;
(vii) Other documents, if any in accordance with the law and rules framed
thereunder.
CHAPTER
7
EXAMINATION
AND REGISTRATION OF PROCEEDINGS
Regulation - 11. Appeal :-
(i) The Registrar shall examine the appeal as expeditiously as possible but
not beyond 3 working days from the date of receipt thereof.
(ii) As soon as the memorandum of appeal is presented, the Registrar shall
examine it as per checklist (Form A) with a view to ascertaining -
a)
Whether
appeal is competent;
b)
Whether
presentation of the appeal is duly authorized;
c)
Whether
appeal is in time and if not, whether an application for condonation of delay is
filed as provided in Sub Section 2 for Section 44 of the Real Estate
(Regulation and Development) Act, 2016;
d)
Whether
memorandum of appeal is accompanied by the certified copy of the judgment and
order;
e)
Whether
appeal is properly stamped;
f)
Whether
names of the parties stated in the memorandum correspond to the names in the
copies annexed;
g)
Whether
addresses given are registered addresses of the parties;
h) Whether requisite registration fee as prescribed is paid.
(iii) Where the Registrar finds that memorandum of appeal does not comply with
any of the requirements referred to in sub-paragraph (ii) above, or is open to
any objection(s), he shall call upon the appellant or his lawyer, authorized
representative, chartered accountant, cost accountant or company secretary, as
the case may be, to comply with the requirements and remove the objection(s).
In case of noncompliance within 7 working days, memorandum shall be placed
before the Tribunal for orders.
Regulation - 12. Miscellaneous Applications and Execution Petitions :-
(i) On receipt of Miscellaneous Applications and Execution Petitions, the
Registrar shall examine the same in terms of Regulation 11 (i) and (ii) above.
(ii) Miscellaneous Applications and Execution Petitions shall be registered
separately as Miscellaneous Applications and Regular Darkhast(s) respectively.
CHAPTER
8
SERVICE
OF SUMMONS/APPEARANCE OF RESPONDENTS AND OBJECTIONS
Regulation - 13. Service of Summons/ Notice :-
(i) All summons or notices are to be served on other side, by registered
post or courier or e-mail.
(ii) In the event, any application is presented by appellant or respondent
during the pendency of any proceeding, notice of the same shall be served in
advance to the other side or to their representative as the case may be.
(iii) If any summons/ notice is returned unserved, registry to notify the same
immediately on notice board. Appellant or Applicant or his authorized
representative shall within three days from the date of return of summons/
notice take steps to serve the summons/ notice afresh.
(iv) In case of failure to take steps as per (iii) above, consequences to
follow in accordance with the law.
(v) The Tribunal may order the respondent to file objections or cross
objections in three sets within 7 days from the date of first appearance.
CHAPTER
9
HEARING
OF APPEAL
Regulation - 14 :-
(i) No new documents which have not been produced or relied upon before the
Authority shall be produced at the time of filing appeal. However, if any
application is filed for production of additional documents or evidence, the
same shall be considered by the Tribunal after giving opportunity to the other
side. Provided that if the Tribunal considers any document, record or material
necessary for the proper adjudication of the lis, it can call for any such
document, record or material at any stage of the appeal.
(ii) As far as possible, hearing of appeal shall be concluded within sixty
days from the date of its filing as per Section 44 (5) of the Real Estate
(Regulation and Development) Act, 2016.
CHAPTER
10
DEATH
AND INSOLVENCY OF PARTY
Regulation - 15 :-
(i) Where in a proceeding, any of the parties to the proceeding dies, the
proceeding shall be continued and adjudicated with successors-in-interest in
case of individual or partnership firm as in the case of an insolvent, the
official receiver or assignee, as in the case of a company under liquidation/
winding up, the proceedings shall continue with, the executor, administrator,
liquidator or other legal representative of the party concerned as the case may
be.
(ii) In case of death of any parties to the proceedings, the application for
bringing up the successors - in - interest shall be filed within 60 days. In
case the application is not filed within 60 days, the application/ proceedings
shall be treated as abated.
CHAPTER
11
JUDGMENT
AND DECREE
Regulation - 16 :-
For judgment and decree, provisions of
Order XX of the Code of Civil Procedure may assist as guidelines.
CHAPTER
12
SEAL
OF THE TRIBUNAL
Regulation - 17 :-
The Tribunal shall have its own seal.
Any document requiring authentication by the Tribunal shall be issued under the
seal of the Tribunal. The seal shall remain in the custody of the
Registrar/Executive Director or any other officer authorized by the Chairperson
in this behalf.
CHAPTER
13
OFFICERS
OF THE TRIBUNAL
Regulation - 18 :-
(i) Chairperson shall exercise all the administrative powers in respect of
matters detailed in Rule 26 of the Haryana Real Estate (Regulation Development)
Rules.2017.
(ii) The Registrar shall be the Chief Ministerial Officer for the purpose of
Court work and Administration. In the absence of Registrar any other officer as
ordered by the Chairperson shall be the Chief Ministerial Officer.
(iii) The Chairperson may appoint or engage Consultants to assist the Tribunal
in the discharge of its functions.
Regulation - 19. Powers and duties of the Officers :-
(A) Registrar
(i) The Registrar shall have the following powers and perform the following
duties, viz. ? to
a)
have
charge of and affix the seal of the Tribunal;
b)
sign
receipts for papers received in the Tribunal;
c)
sign
registers and books of proceedings and notices on the notice board;
d)
sign
By Order;
e)
perform
such duties and exercise such powers in relation to the recruitment of staff of
the Tribunal as assigned by the Chairperson.
f)
issue
notices, prepare agenda and record the minutes of the meetings of the Tribunal;
g)
receive
all appeals, execution petitions, miscellaneous applications and other
documents relating to the proceedings presented to the Tribunal;
h) examine all appeals and applications so received as per 11 (i) to (iii)
and take further necessary action;
i)
endorse
on such appeals and applications the date of receipt for the purpose of
calculating limitation;
j)
authenticate
translations;
k)
arrange
the board fixing the appeals etc. for hearing;
l)
receive
replies, cross objections, rejoinders in appeals and cross appeals as directed
by the bench.
m) ensure maintenance of and sign roznamas daily;
n) issue certified copies of the judgments, orders, decrees of the Tribunal
and documents filed in the proceedings as per the procedure;
o)
collect
from the State Government or other Offices, Companies and Firms or any other
party, such information and record, report documents, etc., as may be directed
by the Chairperson;
p)
discharge
functions, as Chief Ministerial Officer relating to leave of absence, establishment,
pay and allowances, contingent bills, budget estimates and similar matters of
administration under the control and authorization of the Chairperson;
q)
exercise
a general control over the matters relating to arrangement, maintenance and
destruction of records;
r)
return
the documents in disposed of cases by substituting certified copy/ copies
wherever necessary;
s)
return
original documents etc. produced by the parties in the Tribunal whenever they
apply for the return;
t)
carry
on routine correspondence as may be required;
u) be overall in charge of compliance of writs, drawing of decrees,
copying, establishment, accounts, stationery, dead stock register, library,
records and protocol;
v)
any
other duties as may be assigned by the Chairperson.
(ii) In the absence of the Registrar, the officer of the Tribunal so
authorized by the Chairperson, shall exercise the functions of the Registrar.
(iii) The Chairperson, suo moto or on an application made by any interested or
affected party may review, revoke, revise, modify, amend, alter or otherwise
change any order issued or action taken by the Registrar or any officer of the
Tribunal, if considered appropriate.
(B) Accounts Officer
Accounts Officer shall be the Chief
Ministerial Officer for the purpose of Accounts. He shall perform other duties
as may be assigned to him by the Chairperson.
(C) Superintendent
The Superintendent shall perform
following duties:
(i) Have custody of proceedings of the Tribunal.
(ii) Arrange the proceedings as per classification of records.
(iii) Maintain daily roznamas.
(iv) Transmit the record and proceedings promptly for copying.
(v) Deposit the proceedings on disposal with the record in charge.
(vi) Prompt compliance of writs.
(vii) Any other duties as may be assigned.
CHAPTER
14
REGISTERS
Regulation - 20 :-
The following Registers shall be
maintained and necessary entries shall be posted on day to day basis by an
official as the Registrar may nominate, subject to any order of the
Chairperson.
(i) Appeal Register
(ii) Caveat Register
(iii) Complaint Register
(iv) Miscellaneous Applications Register
(v) Unnumbered Appeal Register or Application (S.R.) Register
(vi) Subsistence Allowance Register
(vii) Review Petition Register
(viii) Execution Petition Register
(ix) Writ Register
(x) Register of disposed of cases category wise
(xi) Certified Copy Register
(xii) Library Register
(xiii) Stationery Register
(xiv) Pass Book
(xv) Postage Stamp Register
(xvi) Challan Register
(xvii) Cash Book
(xviii) Register of TDS and GST details
(xix) Cheque Register
(xx) Fixed Asset Register
(xxi) Investment Register
(xxii) Petty Cash Register
(xxiii) Fees Register
(xxiv) Penalty Register
(xxv)Permanent Advance Register
(xxvi) Refund Register
(xxvii) Contingent Expenditure Register
(xxviii) Payment Register
(xxix) Acquaintance Roll Register
(xxx)Attendance Register
(xxxi) Records Muster Register
(xxxii) Fine Register
(xxxiii) Dead Stock Register
(xxxiv) Inward and Outward Registers
CHAPTER
15
RECORDS
Regulation - 21 :-
The office shall follow guidelines
followed by the Punjab & Haryana High Court, till the manual for
Classification, Preservation and Destruction of Record of the Tribunal is in
place.
CHAPTER
16
ORDER
OF THE TRIBUNAL
Regulation - 22 :-
(i) The Chairperson/Members conducting a proceeding shall pass orders in
such proceedings, and such orders shall be signed by the Chairperson/Members of
the Tribunal hearing such proceeding. Every order made by the Tribunal shall be
a reasoned order.
(ii) All orders and decisions issued by the Tribunal shall be certified by
the signature of the Registrar or an Officer authorized in this behalf by the
Chairperson and shall bear the official seal of the Tribunal and be
communicated as expeditiously as possible from the date of passing thereof to
all parties in the proceedings.
CHAPTER
17
CERTIFIED
COPY
Regulation - 23. Certified Copies of Order :-
(i) A party to any proceeding may obtain a certified copy of any judgment,
order, or any document filed in the proceeding. The application may be made by
the party himself or by his authorized agent or by his pleader or Advocate or
may also be sent by post.
(ii) The application shall state whether the copy applied for is required for
private use or otherwise.
(iii) Where a party applies for a certified copy by post other than registered
post, the date of its receipt by the office of the Tribunal would be the date
of the presentation of the application. Whenever such application is made by
registered post, the same shall be prepaid for acknowledgment and the date of
receipt of the letter would be the date of presentation of the application to
the Tribunal.
(iv) Applications for copies by persons other than parties to the proceeding
shall be supported by an affidavit stating the purpose for which the copies are
sought.
(v) On receipt of an application, the office shall immediately scrutinize it
with a view to ascertaining the correct number of the proceeding, names of the
parties, description of the document copy of which is applied for, and whether
the document is available for copying.
(vi) The office shall estimate the costs of the copies before the copying
work is undertaken. The estimate should, as far as possible, cover all probable
costs of the copies.
(vii) The applicant shall be called upon to deposit the estimated costs of the
copies applied for, and make up other deficiencies then and there only, if his
presence is available in the office. In other cases, Registrar may pass the
orders requiring the applicant to make good the deficiencies within a specified
period of time, not exceeding seven days from the receipt of the intimation.
(viii) If the applicant fails to furnish the estimated cost or to make good the
deficiencies within one month from the date of issuance of notice, his
application for copy shall be filed and the amount due to him, if any, should
be refunded after deducting the charge incurred if any.
(ix) As soon as the office finds that the application is complete in all
respects, Registrar may pass orders granting or refusing the application.
(x) In case the Registrar refuses to grant the application, the grounds for
refusal shall be recorded on the application and such refusal and the grounds
thereof shall be communicated to the applicant in writing.
(xi) The ordinary copies shall be furnished within 7 days of the presentation
or receipt of the application, if the application is complete on that date,
unless further delay is unavoidable in which case the cause shall be endorsed
on the copy. In other cases, the period of 7 days shall be computed from the date
on which the application is complete in all respects, excluding the holidays.
(xii) Urgent copies shall be furnished within 48 hours from the time the
application is found to be complete, excluding the holidays.
(xiii) When a party applies for a copy of an appellate judgment for the
purposes of filing a further appeal or revision, he shall be furnished with a
copy not only of the judgment but also of the grounds of appeal and of the
cross objections, if any, unless these are incorporated in the judgment itself.
(xiv) In the case of Roznama, the portion of which copy is given, at the
discretion of Registrar, must include all the entries of a particular date or
dates, accompanied with the heading.
(xv) Copies of any document on the record of a proceeding prepared by a party
may in the discretion of the Registrar, be certified as true copies upon an
application made in that behalf.
(xvi) (1) The following endorsement shall be made on every copy of the
document:
a)
The
date on which the copy was applied for.
b)
The
date on which application was complete.
c)
The
date (when the date once given is subsequently changed, the last of such
changed dates) given to the applicant for taking delivery of the copy.
d)
The
date on which the copy was ready for delivery.
e)
The
date on which it was delivered or posted.
(2) To prevent unauthorized alterations
being made, the date shall be written in letters in distinct handwriting and
the endorsement should be signed by the Registrar on the date on which it was
made.
(xvii) The certified copies shall be charged at the following rates:
a)
A flat
rate of Rs. 4 for ordinary printed/ photocopy and Rs. 7 for urgent printed/
photocopy shall be charged per page of the certified copy inclusive of copying,
comparing and paper cost irrespective of the fact whether the document is in
English or in regional language.
b)
In
case of ordinary and urgent typed copy Rs.10 and Rs.15 per page of the
certified copy shall be charged respectively.
c)
In
case of a copy of map or plan, the charges for copying, comparing and paper
cost shall not be less than Rs.10 and more than Rs.50 as the Registrar may
determine.
d)
In
case of comparison and certification of private copies prepared on private
Photocopying Machine, the charges shall be Rs.10 per page.
e)
The
Court fee stamps as may be prescribed under the Punjab & Haryana High Court
Fees Act shall be affixed on application for certified copies.
(xviii) In case the estimated deposit falls short of the charges which would
have to be recovered in respect of the copies, the balance shall be recovered
from the parties or lawyer concerned before the copies are delivered
personally. In case the applicant applies for such copies by post, it will be
responsibility of the party to collect the copies by paying the deficit.
(xix) All copies should be correct, printed, typed or photocopied clearly and
shall be dated, subscribed and duly sealed.
CHAPTER
18
REMOVAL
OF DIFFICULTIES AND ISSUANCE OF DIRECTIONS
Regulation - 24 :-
Notwithstanding anything contained in
the Regulations, wherever the Regulations are silent or no provision is made,
the Chairperson may issue appropriate directions to remove difficulties and
issue such orders or circulars from time to time to govern the situation or
contingency that may arise in the working of the Appellate Tribunal.
CHAPTER
19
CONFIDENTIALITY
Regulation - 25 :-
(i) The Tribunal shall appraise and determine whether any document or
evidence produced by any party and claimed by that party to be of a
confidential nature is to be withheld from disclosure to other parties as being
confidential and shall provide brief reasons in writing for arriving at its
conclusion.
(ii) If the Tribunal is of the view that the claim for confidentiality is
justified the Tribunal may direct that the same be not provided to such parties
as the Tribunal may deems fit. However, the party claiming the confidentiality
shall provide a brief non-confidential summary of the substance of the
documents found to be confidential and the import of the same.
(iii) Notwithstanding the above, it shall be open to the Tribunal to take into
consideration the contents of the documents found to be confidential in
arriving at its decision.
(iv) The Tribunal may direct any person either to appear, to give evidence or
to produce any document or books of accounts and such document or evidence produced
may be ordered to be kept in the safe custody of any one of the officers of the
Tribunal.
CHAPTER
20
GENERAL
POWERS TO AMEND/ RECTIFY
Regulation - 26 :-
The Appellate Tribunal shall have, for
the purpose of discharging its functions under the Act, the same powers as
vested in a civil court under the Code of Civil Procedure, 1908 in respect of
matters referred under section 53 (4)(e) of the Act.
CHAPTER
21
ISSUE
OF ORDERS AND DIRECTIONS
Regulation - 27 :-
Subject to the provisions of the Act,
Rules and Regulations, the Tribunal may, from time to time issue orders and
directions in regard to the implementation of the Regulations and procedure to
be followed.
CHAPTER
22
SAVING
OF INHERENT POWERS OF THE TRIBUNAL
Regulation - 28 :-
(i) Nothing in these Regulations shall be deemed to limit or otherwise
affect the inherent powers of the Tribunal to make such orders as may be
necessary for meeting the ends of justice or to prevent the abuse of the
process of the Tribunal.
(ii) Nothing in these Regulations shall bar the Tribunal from adopting in
conformity with the provisions of the Act or Rules, a procedure, which is at
variance with any of the provisions of these Regulations, if the Tribunal, in
view of the special circumstance of a matter or class of matters and for
reasons to be recorded in writing, deems it necessary or expedient for so
dealing with such a matter or class of matters.
(iii) Nothing in these Regulations shall bar the Tribunal to deal with any
matter or exercise any powers under the Act or Rules, for which no regulations
have been framed, and the Tribunal may deal with such matters, powers and
functions in a manner as it thinks fit.
CHAPTER
23
EXTENSION
OR ABRIDGEMENT OF TIME PRESCRIBED
Regulation - 29 :-
The time prescribed by the Regulations
or by order of the Tribunal for doing any act may be extended (whether it has
already expired or not) or abridged for sufficient reasons by an order of the
Tribunal subject to the provisions of the Act and the Rules.
CHAPTER
24
EFFECT
OF NON COMPLIANCE
Regulation - 30 :-
Failure to comply with any requirement
of the Regulations shall not invalidate any proceeding merely by reason of such
failure unless the Tribunal is of the view that such failure has resulted in
miscarriage of justice.
CHAPTER
25
COSTS
Regulation - 31 :-
(a) The costs of and incidental to, all proceedings shall be awarded at the
discretion of the Tribunal and the Tribunal shall have full power to determine
by whom or out of what funds and to what extent such costs are to be paid and
give all necessary directions for the aforesaid purposes. The Tribunal shall
also have the power to impose special costs on parties in fit cases.
(b) The costs shall be paid within thirty (30) days from the date of the
order or within such time as the Tribunal may, by order, direct. If a party
fails to comply with an order for costs within permitted period, the order the
Tribunal awarding costs shall be executed forthwith in the same manner as or
decree/order of a Civil Court.
CHAPTER
26
MISCELLANEOUS
Regulation - 32 :-
The Tribunal shall make an endeavour to
put online system in place in respect of functions relating to the Tribunal.
The aforesaid Regulations shall remain in force till they are amended, modified
or substituted from time to time.
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APPENDIX
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FORM A
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CHECKLIST FOR SCRUTINY OF APPEAL
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Appeal No. -------------------------- Complaint No.---------- Parties
---------------------------------Vs.---------------.
1 Legal provisions: U/sec. of RERA Act
2 Whether the appeal is competent Yes / No
3 Whether the name of the parties and their addresses are properly mentioned in
the Appeal Memo Yes / No
4 Whether certified copy of impugned Order/Judgment is filed with the appeal
Yes / No
5 What is the:
a) Date of the order :-
b) Date of its communication to the party by RERA :-
c) Date of application for certified copy :-
d) Date on which copy was ready :-
e) Date of receipt of certified copy :-
f) Date of Online filing of appeal :-
g) Date of submission of hard copy of Appeal Memo:-
h) Whether there is any delay in submission of hard copy of Appeal Memo: Yes /
No
If yes, how many days: -
6 Is appeal filed within limitation (60 days) :- Yes / No (from the date of
receipt of order)
7 Whether there is any delay in filing of appeal: Yes / No
If yes, how many days:-
8 Whether application for condonation of delay is filed with appeal: Yes / No
If not, raise its objection.
9 Whether requisite fees paid:- Yes / No
If yes, copy of the receipt & date of payment :-
10 Whether the required documents are filed with Index & pagination :- Yes
/ No
If yes, whether the documents are legible:-
11 i) Whether the copy of appeal memo is annexed for giving the same to other
Side : Yes / No
ii) Or served to other side by post / courier: Yes / No
If yes, whether proof of service of the copy is enclosed: Yes / No
12 Whether Vakalatnama / Authorization is filed and properly stamped Yes / No
13 Whether e-mail / phone/Mobile No. is on record:- Yes / No
Signature of the Clerk, Scrutiny Branch
Submission:
Matter be placed before Honble Chairperson for seeking Allotment Order.
Registrar, Haryana REAT
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Sr.No.
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Description of documents
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Page No.
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3.
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4.
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5.
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7.
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8.
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9.
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10.
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Signature of the appellant(s)
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FORM AAT
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[see rule 22(1)]
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APPEAL TO APPELLATE TRIBUNAL
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Appeal under Section 44
For use of Appellate Tribunals office:
Date of filing: _________________________________________________
Date of receipt by post: __________________________________________
Registration No.: _______________________________________________
Signature: ____________________________________________________
Authorized
Officer: ___________________ IN THE HARYANA REAL ESTATE APPELLATE
TRIBUNAL
(Name of place)
Between ______________________ Appellant(s)
And
______________________ Respondent(s)
Details of appeal:
1) Particulars of the appellants:
i)
Name of the appellant:
ii) Address of the existing office / residence of the appellant:
iii) Address for service of all notices:
iv) Contact Details (Phone number, e-mail, Fax Number etc.):
2) Particulars of the respondents:
i)
Name(s) of respondent:
ii) Office address of the respondent:
iii) Address for service of all notices:
iv)
Contact Details (Phone number, e-mail, Fax Number etc.):
3) a) Jurisdiction of the Appellate Tribunal:
The appellant declares that the subject matter of the appeal falls within the
jurisdiction of the Appellate Tribunal.
b) Project Registration No:
4) Limitation:
The appellant declares that the appeal is within the limitation specified in
subsection (2) of section 44
OR
If the appeal is filed after the expiry of the limitation period specified
under subsection (2) of section 44 specify reasons for delay
_____________________________________________________ .
5) Facts of the case: (give a concise statement of facts and grounds of appeal
against the specific order of the Authority or the adjudicating officer, as the
case may be passed under section(s) _____________________
of the Act.
6) Grounds of Appeal:
7) Relief(s) sought:
In view of the facts mentioned in paragraph 5 above, the appellant prays for
the following relief(s) ________________________________________________.
[Specify below the relief(s) sought explaining the grounds of relief(s) and the
legal provisions (if any) relied upon]
8) Interim order, if prayed for:
Pending final decision on the appeal, the appellant seeks issue of the
following interim order:-
[Give here the nature of the interim order prayed for with reasons]
9) Matter not pending with any other court, etc.
The appellant further declares that the matter regarding which this appeal has
been made, is not pending before any court of law or any other authority or any
other Tribunal(s).
10) Particulars of the fee in terms of sub-rule A(1) of rule 9:
i. Amount
ii. Mode
11) List of enclosures:
i) An attested true copy of the order against which the appeal is filed
ii) Copies of the documents relied upon by the appellant and referred to in the
appeal
iii) An index of the documents
Verification
I_________________________________ (name in full block letters) son / daughter
of _______________ _________________ the appellant do hereby verify that the
contents of paragraphs (1 to 10) are true to my personal knowledge and belief
and that I have not suppressed any material fact(s).
Place:
Date Signature of the Appellant(s)