RERA Tribunal likely to be operational by May-end

The Karnataka Real Estate Appellate Tribunal (K-REAT) – which has been non-functional for the last one year – is likely to be operational by May-end.

After receiving flak from the High Court and aggrieved home-buyers, the state government has finally started the process of filling vacant posts in the tribunal, which consists of three members, including the chairperson.

Last week, the government appointed retired IAS officer Mahendra Jain as the technical and administrative member. The judicial member, a top government official said, will be appointed in a month with the Housing Department already seeking applications from eligible candidates. 

The government is also in the process of appointing the chairperson after seeking consent from the Chief Justice of the Karnataka High Court, it is learnt.  

The tribunal, which deals with grievances against any direction, decision or order passed by the Real Estate Regulatory Authority (RERA) or by an adjudicating officer, last heard the case in June last year. So far, the tribunal has passed over 500 judgments and has also helped many more homebuyers in settling disputes mutually with the developers or builders. 

The delay in filling vacant posts in the tribunal was a blow to home buyers who had received favourable orders in the RERA but the developers went on to challenge the orders in the ‘dysfunctional’ tribunal. It is learnt that about 50 cases are pending before the appellate tribunal for hearing. The RERA orders can be appealed before the tribunal only after the developers deposit about 33% of the recovery cost.

Even though the government has appointed an administrative member, Jain will not be able to pass any orders as the tribunal bench – which is deemed to be a civil court – requires a minimum of two members. 

The term of the tribunal members is for five years from the date of assuming the charge or till they attain the age of 65 years or until further orders.