Section 32 in Kerala Real Estate (Regulation and Development) Act, 2015
32. Power of Authority to adjudicate compensation.
(1)The Authority shall have the power to adjudicate compensation payable under sections 12, 14 and 17 by holding an inquiry, in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard.(2)The application for adjudging compensation under sub-section (1) shall be dealt with by the Authority as expeditiously as possible and dispose of the same within a period of ninety days from the date of receipt of such application:Provided that where any such application could not be disposed of within the said period of ninety days, the Authority shall record its reasons in writing for not disposing of the application within that period.(3)While holding an inquiry, the Authority shall have the power to summon arid enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the Authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), it may direct to pay such compensation or interest, as the case may be, as it thinks fit, in accordance with the provisions of any of those sections.(4)While adjudging the quantum of compensation or interest, as the case may be, under sections 12, 14 and 17 of the Authority shall have due regard to the following factors, namely:-(a)the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;(b)the amount of loss caused as a result of the default;(c)the repetitive nature -of the default.
