Section 53 of RERA : Section 53: Powers Of Tribunal

Explanation using Example

Example Application of Section 53 of The Real Estate (Regulation and Development) Act, 2016

Imagine a scenario where a homebuyer, Mr. Sharma, has a grievance against a real estate developer for not delivering his apartment on time. After receiving an unsatisfactory resolution from the Real Estate Regulatory Authority, Mr. Sharma decides to appeal to the Real Estate Appellate Tribunal.

Under Section 53(1), when Mr. Sharma's case is heard by the Appellate Tribunal, the proceedings are not restricted by the detailed procedures of the Code of Civil Procedure. Instead, the Tribunal focuses on the principles of natural justice, ensuring that Mr. Sharma gets a fair hearing.

According to Section 53(2), the Tribunal has the autonomy to regulate its own procedures while handling Mr. Sharma's appeal, which may expedite the process compared to the regular courts.

Despite the Tribunal not being bound by the strict rules of evidence as per Section 53(3), they take into account all relevant affidavits and documents that Mr. Sharma provides to support his case.

The Tribunal, as per Section 53(4), exercises powers similar to a civil court, such as summoning the developer for questioning, requiring the production of the project's documentation, and even reviewing its previous decisions if necessary.

Lastly, Section 53(5) ensures that any false evidence provided during the proceedings can result in penal consequences, as the Tribunal's proceedings are considered as judicial proceedings, offering an additional layer of seriousness and legal sanctity to Mr. Sharma's appeal.