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Haryana Government Gazette

Published by Authority

No. 47–2020] CHANDIGARH, TUESDAY, NOVEMBER 24, 2020 (AGRAHAYANA 3, 1942 SAKA)

PART III

Notifications by High Court, Advertisement, Notices and Change of Name etc.

THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM

Notification

The 17th August, 2020

The Haryana Real Estate Regulatory Authority, Gurugram

(Constitution of Mediation and Dispute Resolution Forum) Regulations, 2020

No. 21/RERA GGM Regulations 2020.— In exercise of the powers conferred on it under section 85 of the

Real Estate (Regulation and Development) Act, 2016 read with section 32(g) of the Real Estate (Regulation and

Development) Act, 2016 and all others powers enabling it in that behalf, the Haryana Real Estate Regulatory

Authority, Gurugram having considered it necessary to provide for measures to facilitate amicable conciliation of

disputes through dispute settlement forums; hereby makes the Haryana Real Estate Regulatory Authority, Gurugram,

[Constitution of Mediation and Dispute Resolution Forum) Regulations, 2020 as under :-

Short Title and Object :

These Regulations may be called the Haryana Real Estate Regulatory Authority, Gurugram

(Constitution of Mediation, and Dispute Resolution Forum) Regulations, 2020.

ii.

One of the functions of real estate regulatory authority as specifically provided in section 32(g) is to

take measures to facilitate amicable conciliation of disputes between the promoters and the allottees

through dispute settlement forums set-up by the consumer or promoter’s associations. So, keeping in

view one of the function of the Authority detailed above, a need was felt to frame regulations on the

abovementioned subject and the same have been framed after taking into consideration the mandate of

the Hon’ble Apex Court of the land in various pronouncements as well as the regulations made by other

regulatory authorities in the country.

iii.

These Regulations shall be applicable throughout the jurisdiction of the Haryana Real Estate Regulatory

Authority, Gurugram.

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Appointment of Mediator

The parties to the proceedings may agree on the name of the sole mediator/panel of mediators for

mediating between them.

ii.

Where, there are two or more sets of parties and are unable to agree on a sole mediator, the authority

may ask each party to nominate the mediator or may nominate/appoint the mediator/panel of mediators,

as it deems fit.

iii.

Where parties agree on a sole mediator under clause (i) or where the mediator/panel of mediators is

nominated/appointed by the authority under clause (ii), the mediator need not necessarily be from the

panel of mediators referred to in Regulation 3 nor bear the qualifications referred to in Regulation 4 but

should not be a person who suffers from the disqualifications referred to in Regulation 5.

Panel of Mediators

The HARERA shall, for the purpose of appointing the mediator between the parties in the proceedings,

prepare a panel of the mediators and put the same on the Notice Board within thirty days of coming into

force of these regulations, with a copy to the relevant bodies.

ii.

The consent of the persons whose names are included in the panel shall be obtained before empanelling

them.

iii.

The panel shall contain Annexure giving details of the qualifications of the mediators and their

professional or technical experience in different fields.

iv.

The panel of mediators appointed shall normally be for a period of one year from the date of

appointment and further extension of the panel of mediators or; any mediator shall be at the discretion

of the Authority.

Qualifications of persons to be empanelled

The following persons may be enlisted in the panel of mediators under Regulation 3, namely :

(a)

Retired District & Sessions Judge/Additional District and Sessions Judge and retired Civil

Judges ;

(b)

Legal practitioners with at least ten years standing at the Bar at the level of the Supreme Court or

High Court or the District Courts.

(c)

Experts or other professionals with at least fifteen years standing or retired senior bureaucrats

(d)

Persons who are trained/experienced mediators/ expert communicators.

Disqualifications of persons

The following persons shall be deemed to be disqualified for being empanelled as mediators:

(a)

any person who has been adjudged as insolvent or; Persons against whom criminal charges

involving moral turpitude are framed by a criminal court and are pending or; Persons who have

been convicted by a criminal court for any offence involving moral turpitude.

(b)

any person against whom disciplinary proceedings have been initiated by appropriate

disciplinary authority which are pending or have resulted in a punishment.

(c)

any person who is interested or connected with the subject-matter of dispute(s) or is related to

any one of the parties or to those who represent them, unless such objection is waived by all the

parties in writing.

(d)

Any legal practitioner who has or is appearing for any of the parties in any of the proceedings

pending before the Authority.

(e)

Such other categories of persons as may be notified by the Authority

Temporary disqualification:

Every person appointed as a mediator in a dispute or in a pre-litigation matter shall inform the Authority

and all the parties to the dispute, if he is in anyway interested either directly or indirectly, in any of the

party to the dispute or interested in the subject matter of dispute, at the earliest point of the time of his

discovery of such interest and not to accept the relevant conflict/dispute for resolution. If he/she fails to

inform/disclose such information, such a failure would amount to misconduct.

ii.

The Authority shall on receipt of any information from any of the party or their representative that the

Mediator appointed is interested or related to any of the party or interested in the subject matter of the

dispute, appoint a new Mediator provided such information is substantiated with the prima facie

evidence.

iii.

The Mediator who is temporarily disqualified in a particular matter, is not entitled to any remuneration

in the said matter.

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Preference

The Authority shall, while nominating any person from the panel of mediators referred to in Regulation 3,

consider his suitability for resolving the dispute(s) involved and shall give preference to those who have

proven record of successful mediation or who have special qualifications or experience in the mediation.

Addition to or deletion from Panel

The Authority may in its discretion, from time to time, add or delete any person from the panel of mediators.

Duty of mediator to disclose certain facts.

When a person is approached in connection with his proposed appointment as mediator, he shall

disclose any circumstance likely to give rise to a reasonable doubt as to his independence or

impartiality.

ii.

Every mediator shall from the time of his appointment and throughout continuance of the mediation

proceedings, without delay, disclose to the parties, about the existence of any circumstance referred to

in Clause (i).

Withdrawal of appointment

Upon information furnished by the mediator under Regulation 9 or upon any other information received from

the parties or other persons, if the Authority is satisfied, that the said information has raised a reasonable doubt

as to the mediator’s independence or impartiality, it may withdraw the appointment and replace him by another

mediator.

Training as Mediator

The candidates empanelled or selected for the panel of mediators are required to undergo Mediation

Training conducted by HARERA, Gurugram.

ii.

If any person is already working as a mediator in any mediation center under any other existing

Rules/Regulations, such person need not to undergo the aforesaid training, if he/she has already undergone mediation

training and he/she shall be deemed to have been trained under these Regulations.

Procedure of mediation

The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation

proceedings.

ii.

Where the parties do not agree on any particular procedure to be followed by the mediator, the mediator

shall follow the procedure hereinafter mentioned, namely:

(a)

he shall fix, in consultation with the parties, a time schedule, the dates and the time of each

mediation session, where all parties have to be present;

(b)

he shall hold the mediation at the place prescribed by the Authority;

(c)

he may conduct joint or separate meetings with the parties;

(d)

each party shall, ten days before a session, provide to the mediator a brief memorandum setting

forth the issues, which according to it, need to be resolved, and its position in respect of those

issues and all information reasonably required for the mediator to understand the issue; such

memoranda shall also be mutually exchanged between the parties. However, in

suitable/appropriate cases, the period of ten days may be curtailed/increased at the discretion of

the mediator.

(e)

each party shall furnish to the mediator such other information as may be required by him in

connection with the issues to be resolved.

Representation of parties

The parties shall ordinarily be present personally or through constituted attorney at the sessions or

meetings notified by the mediator. However, they may be represented by the counsel with the

permission of the mediator in such sessions or meetings.

ii.

The party not residing in India, may be represented by the constituted attorney at the sessions or

meetings. However, it may be represented by the counsel with permission of the mediator in such

sessions or meetings.

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Consequences of non-attendance of parties at sessions or meetings on due dates

If a party fails to attend two consecutive sessions or meetings notified by the mediator on account of deliberate

or willful act, the other party or the mediator can apply to the Authority in which the proceeding sare pending,

and in that case, the Authority may issue the appropriate directions having regard to the facts and

circumstances of the case.

15.

Administrative assistance

In order to facilitate the conduct of mediation proceedings, the parties, or the mediator with the consent of the

parties, may arrange for administrative assistance by a suitable institution or person.

Offer of settlement by parties

Any party to the proceedings may, 'without prejudice', to the rights either party, offer a settlement to the other

party at any stage of the proceedings, with notice to the mediator.

Role of mediator

The mediator shall attempt to facilitate voluntary resolution of the dispute(s) by the parties, and communicate

the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying

priorities, exploring areas of compromise and generating options in an attempt to solve the dispute(s),

emphasizing that it is the responsibility of the party to take decision which affect them; he shall not impose any

terms of settlement on the parties.

Parties alone responsible for taking decision

The parties shall be made to understand that the mediator only facilitates in arriving at a decision to resolve

dispute(s) and that he will not and cannot impose any settlement nor does the mediator give any assurance that

the mediation will result in a settlement. The mediator shall not impose any decision on the parties.

Time limit for completion of mediation

On the expiry of thirty days from the date the Authority referred the matter to mediation before the

mediator/panel of the mediators, mediation shall stand terminated, unless the Authority, which referred the

matter, either suo motu, or upon request made by any of the parties/mediators, and upon hearing all the parties,

is of the view that extension of time is necessaryor may be useful; but such extension shall not be beyond a

further period of fifteen days.

Parties to act in good faith

All the parties shall commit to participate in the proceedings in good faith with the intention to settle the

dispute(s), if possible.

Confidentiality

Any information whether oral or documentary received by the mediator during the process of mediation is

confidential and the mediator shall not part with the same to anyone. Similarly, the proposals or admissions

made by any party during the mediation process shall be confidential. Mediation proceedings shall not be

recorded through any audio, video or mechanical process.

Privacy

Mediation sessions and meetings are private. Only the concerned parties or their counsel or power of attorney

holders can attend. Other persons may attend only with the consent of the parties and with the permission of

the mediators.

Immunity

No mediator shall be held liable for anything bonafide done or omitted to be done by him during the mediation

proceedings for civil or criminal action nor shall he be summoned by any party to the suit or proceeding to

appear in a Court of law to testify in regard to information received by him or action taken by him or in respect

of drafts or records prepared by him or shown to him during the mediation proceedings.

Communication between mediator and the Authority

In order to preserve the confidence of parties to the dispute and the neutrality of the mediator,

there should be no communication between the mediator and the Authority, except as stated in

clause (ii) and (iii) of this Regulation.

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ii.

If any communication between the mediator and the Authority is necessary, it shall be in writing and

copies of the same shall be given to the parties or the constituted attorney or their counsel.

iii.

Communication between the mediator and the Authority shall be limited to the communication by the

mediator:

(a)

with the Authority about the failure of the party to attend the meditation proceedings;

(b)

with the Authority about the consent of the parties;

(c)

regarding his assessment that the case is not suited for settlement through the mediation;

(d)

that the parties have settled the dispute(s)

Settlement Agreement

Where an agreement is reached between the parties with regard to all the issues in the proceedings or

some of the issues, the same shall be reduced into writing and signed by the parties or their constituted

attorney. If any counsel has represented the parties, the mediator may obtain his signature also on the

settlement agreement.

ii.

The agreement of the parties so signed shall be submitted to the mediator who shall, with a covering

letter signed by him, forward the same to the Authority.

iii.

Where no agreement is arrived at between the parties, before the time limit stated in Regulation 20 or

where, the mediator is of the view that no settlement is possible, he shall report the same to the

Authority in writing.

Authority to fix a date for recording settlement and passing decree

On receipt of any settlement from the mediator, the authority shall fix a date of hearing normally within

15 days. On such date of hearing, if the authority is satisfied that the parties have settled their dispute(s),

it shall pass an order in accordance with terms thereof.

ii.

If the settlement dispose of only certain issues arising in the proceedings, on the basis of which any

order is passed as stated in Clause (i), the Authority shall proceed further to decide the remaining issues.

Fee of mediator and costs

At the time of referring the dispute(s) to the mediation, the Authority shall fix the fee for mediation to

the tune of Rs. 5,000/- to be paid by the promoter within a week of the order. Such fee shall be subject

to change from time to time at the discretion of the Authority.

ii.

If the promoter does not pay the amount referred to Clause (i), the Authority shall, on the application of

the mediator, or any party, issue appropriate directions against the defaulting promoter.

Ethics to be followed by mediator

The mediator shall:

(a)

follow and observe these regulations strictly and with due diligence;

(b)

not to carry on any activity or conduct which could reasonably be considered as conduct unbecoming of

a mediator;

(c)

uphold the integrity and fairness of the mediation process;

(d)

ensure that the parties involved in the mediation are fairly informed and have an adequate understanding

of the procedural aspects of the process;

(e)

satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a

professional manner;

(f)

disclose any interest or relationship likely to affect impartiality or which might seek an appearance of

partiality or bias;

(g)

avoid, while communicating with the parties, any impropriety or appearance of impropriety;

(h)

be faithful to the relationship of trust and confidentiality imposed on the office of mediator;

(i)

conduct all proceedings relating to the resolution of a dispute, in accordance with the applicable law;

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(j)

recognize that the mediation is based on principles of self-determination by the parties and that the

mediation process relies upon the ability of parties to reach a voluntary, undisclosed agreement;

(k)

maintain the reasonable expectations of the parties as to confidentiality, refrain from promises or

guarantee of results.

Pre-Litigation Mediation and Settlement

Only the disputes between the promoters and the allottees which are under purview of the Real Estate

(Regulation and Development) Act 2016, Rules and Regulations made there under may be taken up at pre-

formal institution of formal complaints in mediation.

The party initiating the mediation process will file his/her application for mediation before the

Authority with a copy by e-mail/registered post to the other side.

ii.

The other side have to convey its consent for mediation within 7 days of the receipt of the

communication to the complainant by e-mail or through registered post.

iii.

On receipt of the consent from the other side, the first part shall deposit a sum of Rs. 1,000/- with the

Authority.

Thereafter, the matter would be referred for mediation and the parties would be informed about the date,

time and venue of the hearing.

Both the parties are expected to be present in person or through their authorized representative.

vi.

The mediation would facilitate the resolution of dispute between the parties in an informal and amicable

manner.

vii

If the parties agree to any settlement, the consent agreement would be drawn, which would be signed by

the parties and the mediator/panel of mediators and the same would be submitted to the Authority for

passing formal order. Such formal order passed by the Authority would be binding on the parties.

viii

In case the parties fail to reach an amicable settlement, the mediation process would stand terminated

and the parties would be at liberty to pursue their dispute before HARERA, Gurugram or before any

other forum.

ix.

The parties shall not initiate, during the mediation proceedings, any arbitral or judicial proceedings in

respect of a dispute which is the subject-matter of the application for mediation except that a party may

initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for

preserving his rights.

DR. K. K. KHANDELWAL,

Chairman

Haryana Real Estate Regulatory Authority, Gurugram.

[196-1]

8954—C.S.—H.G.P., Pkl.