Section 37 in Tamil Nadu Real Estate (Regulation and Development) Rules, 2017
37. Manner of filing a complaint with the Authority and the manner of holding an inquiry by the Authority.
(1)Any aggrieved person may file a complaint with the Authority for any violation under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the adjudicating officer, in Form 'M' which shall be accompanied by a fee as specified by the Authority.(2)The Authority shall, for the purposes of deciding any complaint as specified under sub-rule (1), follow summary procedure for inquiry in the following manner:-(a)Upon receipt of the complaint the Authority shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent;(b)The notice shall specify a date and time for further hearing;(c)On the date so fixed, the Authority shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the respondent -(i)pleads guilty, the Authority shall record the plea, and pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations, made thereunder;(ii)does not plead guilty and contests the complaint the Authority shall demand an explanation from the respondent;(d)In case the Authority is satisfied on the basis of the submissions made that the complaint does not require any further inquiry, it may dismiss the complaint;(e)In case the Authority is satisfied on the basis of the submissions made that the there is need for further hearing into the complaint, it may order production of documents or other evidence on a date and time fixed by it;(f)The Authority shall have the power to carry out an inquiry, into the complaint, on the basis of documents and submissions;(g)On the date so fixed, the Authority upon consideration of the evidence produced before it and other records and submissions is satisfied that -(i)the respondent is in contravention of the provisions of the Act or the rules and regulations made there under it shall pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations made there under;(ii)the respondent is not in contravention of the provisions of the Act or the rules and regulations made there under the Authority may, by order in writing, dismiss the complaint, with reasons to be recorded in writing.(h)If any person fails neglects or refuses to appear, or present himself as required before the Authority, the Authority shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.
