THE REAL ESTATE REGULATORY AUTHORITYCentral

Section 35 of The Real Estate (Regulation and Development) Act, 2016. in hindi

(1)Where the Authority considers it expedient to do so, on a complaint or suo motu, relating to this Act or the rules or regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be.
(2)Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:—
1. (i)the discovery and production of books of account and other documents, at such place and at such time as may be specified by the Authority;
2. (ii)summoning and enforcing the attendance of persons and examining them on oath;
3. (iii)issuing commissions for the examination of witnesses or documents;
4. (iv)any other matter which may be prescribed.

Summary

The Authority can investigate any builder, agent, or buyer if they think rules are being broken.
They can start an inquiry based on a complaint or on their own initiative, which is called "suo motu".
They can order anyone involved to provide written explanations or documents about their business.
They can appoint experts or other people to conduct a deep inquiry into a builder's affairs.
While investigating, the Authority has the same legal powers as a civil court.
This includes the power to force people to attend meetings and speak under oath.
They can also order the production of account books and other important documents.

Practical examples

1The Authority receives several complaints under Section 31. To investigate, they use Section 35 to order the builder to bring all original bank records to their office next Tuesday.

2A property agent is suspected of lying to clients. The Authority uses this rule to summon the agent and makes them testify under oath to get the truth about the missing funds.

FAQ

1. Can the Authority investigate a builder without a complaint under Section 35 of the Real Estate Act?

Yes, Section 35 of The Real Estate (Regulation and Development) Act, 2016 allows the Authority to conduct an investigation on its own initiative, known as "suo motu".

2. What legal powers does the Authority have for investigations under Section 35 of the Real Estate Act?

Under Section 35 of The Real Estate (Regulation and Development) Act, 2016, the Authority has the same powers as a civil court, including summoning witnesses and demanding documents.

3. Can the Authority look at a builder's account books under Section 35 of The Real Estate (Regulation and Development) Act, 2016?

Yes, Section 35 of The Real Estate (Regulation and Development) Act, 2016 gives the Authority the power to require the discovery and production of books of account and other documents.

Test yourself

Q1.Under Section 35 of The Real Estate (Regulation and Development) Act, 2016, which code gives the Authority its powers of a civil court?

Q2.Who can be called upon to furnish information under Section 35 of The Real Estate (Regulation and Development) Act, 2016?

Q3.What is "suo motu" as used in Section 35 of The Real Estate (Regulation and Development) Act, 2016?

Q4.Under Section 35 of The Real Estate (Regulation and Development) Act, 2016, how can the Authority examine a person?

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