BHUBANESWAR: In a bid to provide an alternative resolution mechanism to homebuyers and promoters for speedy, amicable and cost-effective settlement of disputes outside the formal court system, the Odisha Real Estate Regulatory Authority (ORERA) has constituted a Conciliation and Dispute Resolution (CDR) cell and issued guidelines for its operation in the state.
ORERA chairman Asit kumar Mohapatra told this paper that the formation of the CDR cell and drafting its guidelines has been done as per the provisions of the Real Estate (Regulation and Development) Act, 2016 to facilitate amicable conciliation of disputes between the promoters and allottees through appropriate dispute settlement forums.
The CDR cell will be an alternative dispute resolution (ADR) platform representing both home buyers and realtors. ORERA has also planned to appoint legal experts in the cell soon.
Mohapatra said the purpose of the cell is to promote a collaborative approach allowing both the parties to sit together with the neutral forum and find a mutually acceptable solution. “This way the solution for both parties will not only be faster but also cost-effective,” he said.
The ORERA chairman said the previous attempts made towards functioning of CDR cell in the state had not yielded desired results. Accordingly, he said they are also keeping a close watch on functioning of such cells in other states, especially in Maharashtra, where they have been able to facilitate settlement of many disputes outside formal courts.
As per the guidelines issued by ORERA, the cell will deal with disputes between the promoters, agents and allottees that fall under the purview of RERA Act 2016. Matters that ORERA finds suitable to be settled by way of conciliation, can also be referred to the CDR cell with consent of the parties involved.
The CDR cell will have two months time to decide on the matter and the consent agreement reached will be binding on the parties and persons involved in a dispute. In the event of parties failing to reach an amicable settlement, the guidelines stated, the conciliation process will stand terminated and the disputes will be pursued as per the provisions of law before ORERA or any other court or forum.