The Effectiveness Of Grievance Redressal Forums In Housing Sector And Their Mechanisms With Special Reference To Safeguarding The Rights Of Home Buyers: - A Critical Analysis

Abstract

The Act makes several efforts to redress grievances of several affected parties of the housing sector mainly the Consumers, (Home Purchasers). In order to achieve the goal, The RE Act, 2016, CP Act, 2019 and the Arbitration and Conciliation Act, 1996 are enacted by the legislature for delivering an expeditious remedy for determination of disputes between the Developers and Homebuyers. In Real Estate Act an Authority by the label of RER Authority is being set up to promote the pellucidity and construction of housing sector and relationship between the groups. Consumer forums or consumer courts prove to be a good medium for taking action against deficiency of services.  “Deficiency in services” is a term used to describe cases where the home buyer feels that he/she has suffered in one way or another at the hands of a developer or other service providers in the housing sector. Arbitration also is now a preferred tool for adjudicating real estate disputes because of its speed and informality. In this article we analyse whether the Regulatory Authorities and other grievance redressal mechanism protect the interests of the homebuyers. It looks at the difficulties for homebuyers, the speed of resolution and the rate at which disputes are resolved. Based on the case studies and data available with authority, the paper examines is to what extent, the Act and Consumer Courts have helped in realizing the objective of its creation for improvement in transparency, accountability, development, growth and faith in housing sector. The results of the study show that RER AUTHORITY and consumer courts have to some extent fulfilled the objectives of consumer protection yet some enforcement and procedural lag has been observed. Suggestions to improve the redressal of complaints are also dealt with.