In a major step in favour of homebuyers and other property stakeholders, the Bihar Real Estate Regulatory Authority (RERA) has introduced a major procedural change that will enable complainants or petitioners to move the bench directly. So far, the disputes had been prescribed to be initially mediated through a compulsory mediation procedure, then be subjected to a hearing by the bench. The new rule takes away this step in the middle, which will provide the resolution of cases faster and ease for persons seeking justice.
The induction of this change is with the aim of making the grievance redressal mechanism under RERA far easier. Homebuyers, who mostly had to wait unduly long times, caused by the constant adjournment and process delays in mediation, will have a choice of presenting the case to the bench directly. This is likely to save substantial time in making a decision and ensure that complainants are not overwhelmed by excessive formalities.
The initiative is being interpreted as a gesture to property buyers who have hitherto raised concerns of slow possession of their properties, financial conflicts and broken promises by the builders and developers. The complainants will stand a chance to access adjudication directly, as the mediation step will be omitted, therefore, ensuring timely access to addressing concerns. The move among many of them is towards an increased consumer-focused regulatory framework in the real estate industry in Bihar.
Yet, although the new rule accelerates access to justice, it also gives the added responsibility to the RERA bench. This may dramatically increase the number of cases, given that each case of dispute is now brought forward to be heard directly. It is reported that the authorities are preparing to manage this upsurge, and this includes optimization of systems of managing cases as well as uncompromised conduct of hearing without unnecessarily delaying.
According to the legal experts, though it was not uncommon to find mediation beneficial in settling different issues in a friendly manner, it was compulsory nature that often acted as a block and not a fix. Complainants now have the option not to pursue mediation voluntarily; although they still have the option to do so, they are no longer compelled to do so, since now they have direct access to the bench without first filing a complaint.
This new rule is soon to be implemented, and the citizens of Bihar are waiting to see the rule in action. This procedural shift will be a victory and a path to justice and improved responsibility in real estate for many aggrieved homebuyers in the state. The success of the reform will be gauged by how fast, just and successful RERA is in resolving the increasing cases of complaints in relation to its pace.
