Procedure of Conciliation
1.) Only Disputes between promoters and allotees which are under purview of Real Estate (Development and Regulation) Act 2016, Rules and Regulations made thereunder shall be admissible by the Forum.
2) The procedure for online application and subsequent closure shall be as prescribed.
- The allottee needs to register on the conciliation forum application portal, by entering his login credentials.
- After successful login, he/she needs to complete the conciliation request form for raising his/her request.
- The other party will be intimated regarding the request through both SMS and e-Mail. After getting the request they need to click on the confirmation link.
- After the confirmation is received, the payment option will be made available against the conciliation request for the allottee.
- After successful payment, a conciliation bench will be allocated based upon availability. Same will be intimated to both the parties via SMS & e-mail.
- In case of successful conciliation, after the conciliation hearing the parties will be required to sign a conciliation agreement, which will be uploaded for closing the request.
3) Role of conciliator.—
- The conciliators shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
- The conciliators shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.
- The conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliators hear oral statements, and the need for a speedy settlement of the dispute.
- The conciliators may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be writing and need not be accompanied by a statement of the reasons therefore.
4) Settlement of Disputes—
- If the parties reach agreement on a settlement of the dispute, they may draw up and sign Terms of Settlement.
- When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.
- The conciliators shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.
5) Non-Compliance – The parties concerned shall comply with the terms of settlement. Non-compliance of the terms by either party shall give the other party right to approach the MahaRERA. In case of further complaint to MAHARERA by the parties in the same subject, MAHARERA authority shall take cognizance of any such agreed terms of Conciliation.
6) Resort to arbitral or judicial proceedings.—The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject-matter of the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.