Page 29 - RERA Performance Report 2020

29 U.P. RERA PERFORMANCE REPORT 2020

Amicable settlement of disputes under

Conciliation Forum

By Ravindra Dutt Paliwal (NCR Conciliator) &
Surya Prakash Misra (Lucknow Conciliator)

Proceedings of the Conciliation Forum at the NCR Regional Office

Modus Operandi

The process of conciliation begins with the applicant registering a conciliation request on
the web portal of the U.P. RERA. The application, thus registered, is sent to the promoter
for its acceptance. Once the promoter accepts the request, the applicant must deposit a
fee before the conciliation process gets underway. The caveat here is that the request
remains pending until the promoter accepts it. On confirmation of acceptance and
payment of the fee, the Conciliator invites the feuding parties for a hearing. They are
expected to be present personally in the meeting of the forum.

The conciliator then facilitates resolution of the dispute between the parties on a given
date through the inputs of experts and representatives of the associations and by
providing fair degree of opportunity to each party for presenting its case. Such
discussions facilitate the feuding parties towards softening of their stands by making
them aware of their respective challenges. Conciliation proceedings also make them
aware of the challenges faced by the real estate sector in general and to have a more
pragmatic view of their problems and the corresponding solutions. If a settlement is
reached between the parties, a consent agreement is drawn and signed by both the
parties in consultation with the representatives of the buyer/promoter associations and
the Conciliator. Otherwise, the conciliation process is terminated and the applicant is at
liberty to pursue the case before the RERA bench.

Often the terms of the settlement are finalized during the conciliation proceedings and
the settlement agreement is prepared immediately. However, in the event, when either
party requires additional time to work-out the alternate options presented during the
discussion, they may take another 1-2 weeks to formalize the settlement agreement. All
the parties, including the members of the forum present during the discussion and the
Conciliator, review the terms of the settlement agreement and endorse it with their due
signatures. In case of the complaints that are referred by the RERA Benches to the
Conciliation Forum, the forum duly reports the outcome of the conciliation proceedings
to the benches. The settlement terms, if any, will then become part of the formal order
given by the bench. If after signing the consent agreement, either of them fails or
neglects to adhere to the terms of the agreement, it is treated as a breach of RERA orders
and suitable action is taken by the Authority.