The Advisory & Grievance Committee of Credai Bengal consists of a panel of persons (“Mediation Panel”) comprising of some CREDAI Bengal’s eminent members and the legal team of Credai Bengal secretariat for constituting the Mediation Committees to address complaints, grievances or disputes of purchasers of real estate space against the developer members. The members of the Mediation Panel may be changed/added from time to time by the Advisory & Grievance Committee.
The goal of this committee is to address and provide neutral resolution to the complaints received in a non biased way.
It is noteworthy that this committee performs mediation and resolution by mutual consent only and does not practice any adjudicatory functions.
- 1 A complaint may be filed by any purchaser of real estate space against a Developer member of CREDAI Bengal for intervention and/or mediation in respect of any dispute/grievance regarding a project of such member or of his Business Group/affiliate or a project in which such member or his Business Group/affiliate is associated as a stakeholder..
- 2 Upon filing of any complaint, the Credai Bengal Secretariat shall forward a copy of the same to the concerned Developer member for his response and shall simultaneously also forward copies of the same to each member of the Advisory & Grievance Committee.
- 3 Upon receipt of the complaint, the concerned Developer shall explore the possibility of resolving the dispute/grievance with the complainant. Within two weeks of receipt, the Developer shall send a written response regarding the complaint to the Advisory & Grievance Committee and shall also intimate the outcome of the settlement efforts.
- 4 If the dispute/grievance is resolved/settled, then the Advisory & Grievance Committee shall issue a letter recording satisfactory resolution of dispute/grievance to both parties.
- 5 If the dispute/grievance is not resolved/settled, then the Advisory & Grievance Committee shall within 6(six) weeks of filing of the Complaint decide whether it is a fit case for intervention and/or mediation by a Mediation Committee and intimate the same to the parties. No reasons shall be required to be given for such decision. If the Advisory & Grievance Committee decides not to intervene and/or mediate regarding any Complaint, then that matter shall be finally closed and the Complainant shall not have any further recourse regarding that complaint before or through CREDAI Bengal or its Committees. In respect of any dispute / grievance that is decided to be taken up for intervention and/or mediation, the Advisory & Grievance Committee shall constitute a Mediation Committee of three persons from the Mediation Panel. Any vacancy that may arise in a Mediation Committee at any time shall be filled up by the Advisory & Grievance Committee by appointment from the Mediation Panel.
- 6 The quorum for a Mediation Committee shall be two members. The members of a Mediation Committee shall choose one of themselves to be the Chairman of each meeting. The Mediation Committee shall function on the basis of majority view. The Mediation Committee shall be entitled to appoint staff for administrative purposes. The Mediation Committee shall also be entitled to take assistance of experts and consultants on any issue. The Mediation Committee may formulate its own rules from time to time for its functioning. The Mediation Committee shall be entitled to grant extension of time of either party for any purpose.
- 7 It is expressly made clear that these Guidelines & Procedure only provide for a voluntarily and optional facility to purchasers of real estate space to resolve disputes and grievances against developer members of CREDAI Bengal. By filing a complaint, the complainant shall be deemed to have unconditionally accepted and agreed to these Guidelines & Procedure (as applicable/amended from time to time) and to have voluntarily submitted the dispute/grievance for intervention and/or mediation in terms hereof , without CREDAI Bengal and/or its Advisory & Grievance Committee / Mediation Committee having any legal obligation or duty. The complainant shall not be entitled to challenge these Guidelines and Procedure or to initiate any legal or other steps against CREDAI Bengal and/or its Advisory & Grievance Committee / Mediation Committee and/or their respective members.
- 8 Any dispute/grievance which is or becomes sub-judice or pending before any court, consumer forum, arbitrator or other judicial or quasi-judicial body/authority shall not be entertained or proceeded with by Advisory & Grievance Committee / Mediation Committee. Any complaint that prima-facie appears to be repetitive, harassive and/or mala fide in nature may not be entertained or proceeded with by Advisory & Grievance Committee / Mediation Committee.
- 9 The Mediation Committee shall within 30(thirty) days of the final meeting, communicate its Final Views on the disputes to both parties.
- 10 The Complainant and the Member shall comply with and act in terms of the Final Views of the Mediation Committee. Non compliance of the Final Views of the Mediation Committee by a member shall be deemed to be violation of the Code of Conduct of CREDAI Bengal and the Mediation Committee may recommend to the Managing Committee, disciplinary action against the Developer including suspension and/or termination of membership of CREDAI Bengal.
- 11 Notwithstanding anything to the contrary contained elsewhere, it is expressly declared that the proceedings pursuant to these Guidelines & Procedure including the Final Views of the Mediation Committee are not intended to be and shall not be treated or construed as arbitration or conciliation under the Arbitration and Conciliation Act, 1996 and/or be deemed to be a judicial and/or quasi-judicial proceeding or decision. Neither party shall be entitled to challenge and/or question the same before any judicial, quasi-judicial or any other body or authority.