Meduation Center

Alternate Dispute Resolution (ADR) mechanisms like arbitration, mediation, and conciliation are much more private, economical and timeefficient than litigation and therefore, it is prudent that such mechanisms are incorporated in the myriad field of laws, particularly laws dealing with realestate sector, which has a huge pendency of cases due to informed homebuyers approaching the real estate regulatory authorities for grievance redressal. As held by the Hon’ble Supreme Court of India in the famous “Afcon case” “all suits and cases of civil nature in particular (disputes between developers/ builders and customers) (whether pending in civil court or other special tribunals/forums) are normally suitable for ADR process”.

Since its inception, the Haryana Real Estate Regulatory Authority, Gurugram (HARERA) has brought to the fore-front a multitude of cases of homebuyer’s dissatisfaction in dealing with real estate developers and service providers. Huge delays in delivery of projects, hike in costs during construction, skewed builder-buyer agreement, and the absence of an effective enforcement mechanism have increased homebuyer’s trauma and agony over the years and has subsequently resulted in more number of complaints being brought before the Regulator.

Mediation can help both the buyers and builders in having a speedy redressal of the disputes. It is also crucial to understand here that most of the disputes related to real-estate are highly legal/technical in nature and are required to be dealt with by people who have the requisite knowledge and understanding of the domain/law. They not only need to comprehend the intricacies and commercial aspects of issues but also possess knowledge of the law, and possess polished communication skills, thereby enabling them to provide tailor-made solutions for disputes. Therefore, the Authority has constituted a panel of mediators, equipped with requisite skills to mediate in a dispute related to real estate projects.

Therefore, the Mediation forum established by HRERA, GGM started its proceedings on 16.11.2020, Monday. The long awaited mediation forum has finally come into working with a very good response from everyone. Both the parties i.e. the promoter and allottees present during the sessions gave a positive response towards the fresh beginning. The bench of the mediation forum consists of Sh. S.C. Goel (Retd.) District and Session Judge and Adjudicating Officer (AO), Dr. Deepa Malik (Padmashri Khel Ratna Arjun Awardee), Chief Grievance Redressal and Chief Public Relation Officer and Dr. Geeta Rathee Singh (Sr. Legal Officer).

There shall be two types of cases that shall fall under the ambit of mediation forum set up by HARERA, Gurugram, first being the application made for mediation at pre-filing of formal complaint stage which shall be taken up by Dr. Deepa Malik (Padmashri Khel Ratna Arjun Awardee), Grievance Redressal and Chief Public Relation Officer, HARERA Gurugram on individual basis and second being the complaints/cases referred by the Authority to Sh. S.C. Goel (Retd.) District and Session Judge and Adjudicating Officer (AO), HARERA Gurugram in terms of the provisions of section 89 of CPC. In case the authority is convinced that a particular complaint case can be resolved through mediation then such references can be made by the Authority even without the consent of the parties. The cases to be heard by AO shall be taken up in ulk form which means that complaints in the quantum of 15-20 cases a day shall be received. Also such complaints which are already pending before the Authority may be referred to the panel of mediators headed by the AO at any stage and at any time during the proceedings of the court.

A full-fledged mediation forum will facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector in order to take necessary measures for amicable conciliation of dispute between the promoter and allottees which shall be speedy,inexpensive, and economical at the same time. The Authority will ensure that confidentiality of the mediation process is protected and there will not be any communication between the Authority and the mediator regarding the mediation during or after the process of mediation.