The inception of the Real Estate Appellate Tribunal, also known as the Real Estate Appellate Authority, came into existence as a major part of the Real Estate Regulation and Development Act of 2016. The setting up of this tribunal has emerged as a much-needed regulatory body which has been designed to tackle the deep-seated challenges that have long plagued the real estate industry and have helped protect the homebuying dreams of many buyers.

The primary goal of the Karnataka Real Estate Appellate Tribunal is to restore the faith of homebuyers who once navigated a treacherous terrain of project delays, bad construction quality, misleading representation, unfair contractual clauses and unscrupulous developers.

In essence, the tribunal embodies a commitment to the principles of justice, fairness, and accountability in the realm of real estate.

The tribunal is also a dedicated forum to fast track dispute resolution and offers a cost-effective alternative to lengthy legal battles by streamlining the process. The establishment of this tribunal ushers in a new era, where developers are duty-bound to furnish comprehensive, up-to-date information about their projects on the RERA portal. In this transformed landscape, decisions are rooted in information and truth, ultimately empowering homebuyers to make well-informed choices.

The setting up of the Karnataka Real Estate Appellate Tribunal also goes on to show the support of the government for homebuyers and its commitment to regulate the real estate extensively.

In this article, we will take a detailed look at the Karnataka Real Estate Appellate Tribunal, its functions and duties, members and its powers so that you can make an informed decision in your home buying journey.

Structure of Karnataka Real Estate Appellate Tribunal

The composition of the Karnataka Real Estate Appellate Tribunal is structured in a way that focuses on having individuals with years of experience, are unbiased and have a strong understanding of the complexities of the real estate sector.

According to the regulations:

• The Authority consists of a Chairperson and not less than two full-time Members, all appointed by the appropriate Government.
• The selection process for these esteemed positions is meticulous, with a Selection Committee comprising the Chief Justice of the High Court or their nominee, the Secretary of the Department responsible for housing, and the Law Secretary.
• The Chairperson is expected to have a minimum of twenty years of expertise, while Members should have at least fifteen years of experience. This experience is ideally in fields related to urban development, housing, real estate development, infrastructure, economics, technical expertise, planning, law, commerce, accountancy, industry, management, social service, public affairs, or administration.
• A noteworthy provision is that individuals who have served in the state government are subject to specific eligibility criteria, including having held posts equivalent to Additional Secretary to the Central Government (for the Chairperson) and Secretary to the State Government or equivalent (for Members).
• The term of office for the Chairperson and Members is a maximum of five years or until they reach the age of sixty-five, whichever comes earlier, with no possibility of reappointment. Furthermore, the appointment process is diligent, ensuring that those selected have no financial or other interests that might compromise their ability to perform their duties without bias.

This composition reflects the commitment to a competent, impartial, and experienced team within the Karnataka Real Estate Appellate Tribunal, aimed at addressing real estate matters effectively and justly.

Administrative Powers of The Chairperson

The Chairperson, in particular,holds significant authority. They are vested with general superintendence and the power to provide directions in the management of the Authority's affairs

In addition to presiding over the Authority's meetings, the Chairperson is responsible for executing and overseeing administrative functions as outlined by relevant regulations.

Moreover, to maintain the integrity and credibility of the tribunal, there are provisions for the removal of the Chairperson and other Members in specific circumstances.

These circumstances include situations where the Chairperson or Member has been declared insolvent, convicted of an offense involving moral turpitude, become physically or mentally incapable of performing their duties, acquired financial interests that could compromise their functions, or abused their position in a manner detrimental to the public interest.

Crucially, the removal process is subject to a rigorous and transparent procedure. In cases where removal is considered based on financial interests or abuse of position, an inquiry is conducted by a Judge of the High Court.

This inquiry ensures that due process is followed, and the Chairperson or Member is informed of the charges against them, maintaining the principles of justice and fairness.

These provisions underline the commitment of the Karnataka Real Estate Appellate Tribunal to upholding the highest standards of governance and ethics in the interest of public welfare.

Functions and Duties of Karnataka Real Estate Appellate Tribunal

The Karnataka Real Estate Appellate Tribunal is vested with several essential functions and duties that are pivotal in protecting the interests of homebuyers and sellers by regulating the real estate industry.

Here's a detailed look at its responsibilities:

Protection of All Stakeholders:

The authority should always give recommendations to ensure the protection of the interests of allottees, promoters, and real estate agents.

Streamlined Project Approvals:

Advancing the creation of a single window system for efficient and time-bound project approvals and clearances, ensuring timely project completion.

Grievance Redressal Mechanism:

Advocating for the establishment of a transparent and robust grievance redressal mechanism to address issues arising from the actions or inactions of competent authorities and their officials.

Promoting Investment:

Proposing measures to encourage investment in the real estate sector, including increasing financial support for affordable housing segments.

Sustainable and Affordable Housing:

Supporting the construction of environmentally sustainable and affordable housing by promoting standardization and the use of appropriate construction materials, fixtures, fittings, and techniques.

Grading of Projects:

Encouraging the grading of projects based on various development parameters, including the grading of promoters.

Dispute Resolution:

Facilitating the amicable conciliation of disputes between promoters and allottees through dispute settlement forums established by consumer or promoter associations.

Digitization of Land Records:

Advocating for measures to facilitate the digitization of land records and the development of a system leading to conclusive property titles with title guarantee.

Advisory Role:

Providing advice to the appropriate Government on matters related to the development of the real estate sector.

Addressing Any Relevant Issue:

Addressing any other issues that the Authority deems necessary for the promotion of the real estate sector.

How Does The Appellate Tribunals Function Help homebuyers?

Timely Project Delivery

By mandating project registration and enforcing strict timelines, K-RERA aims to ensure that developers complete projects on time, reducing the risk of delays that can cause financial hardships for homebuyers.

Enhanced Transparency

The requirement for developers to disclose project details and updates on the K-RERA website allows homebuyers to make informed decisions. This transparency prevents misleading advertising and helps home buyers choose projects that align with their expectations.

Redressal of Grievances:

K-RERA offers an accessible platform for homebuyers to voice their concerns and seek resolution for any issues they may encounter during the project's development. This ensures that disputes are addressed promptly and justly.

Accountability and Quality Assurance

Developers are held accountable for the quality of construction and compliance with the terms of the project agreement. This quality assurance guarantees that homebuyers receive the value they were promised.

Legal Recourse

K-RERA provides homebuyers with a legal recourse mechanism, allowing them to file complaints and seek compensation or refunds when developers fail to deliver on their commitments.

Who Can File a Complaint with Karnataka Real Estate Appellate Tribunal

If you're a homebuyer and you come across any issues where the Real Estate (Regulation and Development) Act, 2016, or its rules are not being followed, you can file a complaint. You can do this with either the Authority or the adjudicating officer, depending on your situation.

This is open to individuals, groups of buyers, or registered consumer associations. To file a complaint, just follow the guidelines, including the specific form, process, and any applicable fees as outlined in the rules.

It's a way for you to address any concerns or problems in your real estate transactions and make sure your rights are upheld.

What Are the Problems Solved by K-RERA

K-RERA addresses several key problems and challenges in the real estate sector:

Project Delays

One of the most common issues in the real estate industry is project delays. K-RERA's strict registration and timeline enforcement ensure that projects are completed as per schedule, reducing the financial burden on homebuyers caused by extended waiting periods.

Lack of Transparency

Transparency is often lacking in real estate transactions. K-RERA's mandate for developers to share project information and financial statements enhances transparency, enabling homebuyers to make informed decisions.

Effective Resolution

Disputes between homebuyers and developers can be lengthy and costly. K-RERA streamlines the dispute resolution process, ensuring a fair and expeditious resolution of conflicts.

Quality Assurance

Poor construction quality and non-compliance with project agreements are common concerns. K-RERA ensures that developers are held accountable for the quality of their work, offering assurance to homebuyers.

The Karnataka Real Estate Appellate Tribunal (K-RERA) is a crucial institution in the state's real estate sector. It acts as a protector of homebuyers' interests, ensuring transparency, accountability, and fair dispute resolution. Through its functions and duties, K-RERA empowers homebuyers, improves the quality of real estate projects, and addresses various issues that have plagued the industry for years.