CS Executive · Economic, Commercial and Intellectual Property Laws · Real Estate Regulation and Development Law
A State Government designated its Housing Secretary as interim Regulatory Authority, and a buyer's complaint is being heard by him. Later, the Real Estate Regulatory Authority is formally established. What happens to the pending complaint under the Act?
The pending complaint automatically stands transferred to the newly established Regulatory Authority, which hears it from the stage it had reached at the time of transfer. The buyer need not refile, and the proceedings do not restart from the beginning.
- AIt stands transferred to the established Authority and is heard from the stage at which it is transferredCorrect
- BIt lapses and the buyer must file a fresh complaint
- CIt is heard afresh from the beginning by the established Authority
- DIt is transferred to the Central Advisory Council for disposal
Explanation
Section 20 provides that after establishment, all applications, complaints or cases pending with the designated Authority stand transferred to the established Authority and are heard from the stage of transfer. Hearing afresh or lapsing is contrary to this. The Council has no adjudicatory role.
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