Odisha Real Estate Appellate Tribunal, Bhubaneswar

Introduction

Background of this Hand-Book (Right to Information Act. 2005):

As per RTI Act-2005 and Odisha RTI Rules,2005.

Objective / Purpose of this Hand-Book:

As per RTI Act-2005 and Odisha RTI Rules,2005.

Who are the Intended users of this hand-books?

As per RTI Act-2005 and Odisha RTI Rules,2005.

Organisation of the information in this hand-book.

As per RTI Act-2005 and Odisha RTI Rules, 2005.

Definitions of various terms used in the handbook.

As per RTI Act-2005 and Odisha RTI Rules, 2005.

Contact person.

As per RTI Act-2005 and Odisha RTI Rules,2005.

Procedure and Fee Structure.

As per RTI Act-2005 and Odisha RTI Rules,2005.

  MANUAL-1 

Particulars of Organization, Functions & Duties

[Section-4 (1) (b) (i)]

1.Aims and objectives of the Organization:

The real estate sector was unregulated from the prospective of consumer protection in the country since long. The potential growth of the sector was negatively affected in absence of professionalism and standardization. Although the real estate sector was functional since pre-independence time in most parts of the country, but it was highly disorganized and unconventional. Moreover, different States were having their separate laws without covering all the aspects for adjudication of real estate disputes. There was also no sufficient law in order to protect the interest of the promoters and allottees as well. Aggrieved persons were approaching different forums for their relief and were subjected to harassment and agonies at different times.

2.Brief History and Background for its Establishment:

In order to regulate the real estate sector, Govt. of India had come up with the enactment of the Real Estate (Regulation & Development) Act, 2016. Some of the provisions of the Act brought into force by the notification of the central government w.e.f. 1st May, 2016 and the remaining provisions of the Act were brought into force by notification w.e.f. 1st May, 2017. RERA Act was brought into force with the objective to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building as the case may be or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and adjudicating officer and for matters connected therewith or incidental thereto.

The Act though enacted by the Central Government, the implementation of its provisions would depend on the State Governments on formulation of the Rules as provided in Section 84 of the Act and also taking steps for establishment of the Real Estate Regulatory Authority and Real Estate Appellate Tribunal for the State. Govt. of Odisha framed Odisha Real Estate (Regulation & Development) Rules, 2017 which came into force w.e.f. 25 February, 2017. In accordance with sub-­section(1) of  Section 43 of the Real Estate (Regulation and Development) Act, 2016, Govt. of Odisha established the Appellate Tribunal to be known as the ‘Odisha Real Estate Appellate Tribunal' vide Housing and Urban Development Department Notification No-233/Date:-02.02.2019. OREAT started functioning on 02nd September, 2020 at Zone A/2, 4th Floor, Fortune Tower, Chandrasekharpur, Bubaneswar. After inauguration of its permanent building at A1 Block, 7th Floor, Toshali Bhawan, Satya Nagar, Bhubaneswar, the Appellate Tribunal is now functioning in the said building.

With a view to make the justice delivery system more litigant friendly in the matter of Appeal, the Appellate Tribunal to regulate its own procedure, has came up with formulation of the Odisha Real Estate Appellate Tribunal (Procedure) Regulations, 2020 and Odisha Real Estate Appellate Tribunal (Procedure) (Amendment) Regulations, 2020 in exercise of the powers conferred by sub- section(2) of Section 53 of the RERA Act,'2016 read with sub-rule(7) of Rule 27 of the Odisha RERA Rules, 2017 notified in the Odisha Gazette vide Nos- 566/Dt.20.03.2020 and 1139/Dt.23.09.2020 respectively. In the Regulations, provisions have been made prescribing calendar for sitting of the Tribunal, language of the proceeding before the Tribunal, procedure of presentation and scrutiny of the Appeal memorandum and filing of reply/counter and documents, service of summons/notice on parties, communication of orders, procedure for issue of certified copies and inspection of records and prescribed different forms/applications for use before the Tribunal etc.

Hon'ble Shri Justice Subhash Chandra Parija was appointed as the first Chairperson and at present Hon'ble Shri Justice Pramath Patnaik is the Chairperson of this Tribunal w.e.f 01.07.2023 ; Hon'ble Shri Ishan Kumar Das is appointed as the Member (Judicial) and Hon'ble Shri Malaya Chattarjee is appointed as the Member(Technical/Administrative) of the Odisha Real Estate Appellate Tribunal situated at A1 Block, 7th Floor, Toshali Bhawan, Satya Nagar, Bhubaneswar.

3.Allocation of Business:

4.Duties to be Performed to Achieve the Mission:

5.Details of Services Rendered:

6.Citizens Interaction:

7.Address:

ODISHA REAL ESTATE APPELLATE TRIBUNAL

A-1 Block, 7th floor, Toshali Bhawan, Satyanagar, Bhubaneswar-751007

8.Map of the Office Location :

https://goo.gl/maps/yPupToUuK5nzBQ8R8

9.Working Hour both for Office and Public:

Opening Hour: 10.00 A.M

Closing Hour: 5.30 P.M

10.Public Interaction, if Any:

11. Grievance Redress Mechanism:

  MANUAL-2 

Powers & Duties of Officers & Employees

[Section-4 (1) (b) (ii)]

Sl No.

Designation of Post

Powers

Duties Attached

Administration

Financial

Statutory

Others

1

2

3

4

5

6

7

1

Accounts Officer

-

-

-

-

-

2

Private Secretary

-

-

-

-

-

3

Section officer

-

-

-

-

-

4

Personal Assistant

-

-

-

-

-

5

Assistant Section Officer

-

-

-

-

-

6

Junior Grade Typist -cum- DEO

-

-

-

-

-

7

Peon - cum- Zamadar

-

-

-

-

-

  MANUAL-3 

Procedure Followed in Decision Making Process

[Section-4 (1) (b) (iii)]

  MANUAL-4 

Norms for Discharge of Functions

[Section-4 (1) (b) (iv)]

Sl.

Activity

Time Frame/ Norms

Remarks

1

2

3

4

1

-

-

-

2

-

-

-

3

-

-

-

4

-

-

-

  MANUAL-5 

Rules, Regulations, Instructions, Manuals & Records for Discharging Functions

[Section-4 (1) (b) (v)]

Sl.

Name of the act, Rules, Records, Regulations etc.

Brief Gist of the Contents

Reference No. if Any

Price in Case of Priced Publications

1

2

3

4

5

1

Preservation of Records

All records relating to appeal filed before the Appellate Tribunal and after its final disposal shall be classified as Class- 1 (A) as per Odisha Record Manual, 1964 and shall be preserved in the record room of the Appellate Tribunal permanently.

 -

 -

All records other than the records referred in sub-regulation (1) shall be classified as Class - 1 (B) and shall be preserved, unless otherwise directed by the Chairperson, for a period of five years in the record room of the Appellate Tribunal.

 -

 -

The Record Keeper shall be responsible for the records consigned to the record room and shall scrutinize the records received by him within three days and prepare an Index.

 -

 -

If on scrutiny any deficiency is found in the record, the Record Keeper shall return the record back to the concerned Branch or Section of the Appellate Tribunal.

 -

 -

2

Nomenclature of Cases/Proceedings

Every appeal preferred under section 44 of the Act read with rule 27 of the Rules shall be registered as OREAT APPEAL.

 -

 -

Miscellaneous or Interlocutory Applications filed in the appeal shall be registered as I.A.

 -

 -

Execution Petitions shall be registered as E.P.

 -

 -

Review Petition shall be registered as R.P.

 -

 -

3

Interpretation

All questions relating to the interpretation of these Regulations shall be referred to the Chairperson, whose decision thereon shall be final.

 -

 -

4

Procedure to be specified by order

The procedure for day-to-day functioning of the Appellate Tribunal, which have not been provided in the Act, rules or in these regulations, may, by order, be specified by the Chairperson in such matter as is deemed fit from time to time.

 -

 -

  MANUAL-6 

Categories of Documents Under Control

[Section-4 (1) (b) (vi)]

List of Registers - By order of the Chairperson, the following Registers shall be maintained with necessary entries by the office of the Appellate Tribunal, namely.

Sl.

Nature of Record

Details of Information Available

Unit/ Section Where Available

Retention Period, Where Available

1

2

3

4

5

1

Appeal Register

 -

 -

 -

2

Miscellaneous Application / I.A Register

 -

 -

 -

3

Execution Petition Register

 -

 -

 -

4

Review Petition Register

 -

 -

 -

5

Certified Copy Register

 -

 -

 -

6

Library Register

 -

 -

 -

7

Stationary Register

 -

 -

 -

8

Postage Stamp Register

 -

 -

 -

9

Pass Book

 -

 -

 -

10

Cash Book Register

 -

 -

 -

11

Cheque Register

 -

 -

 -

12

Fixed Asset Register

 -

 -

 -

13

Contingent Expenditure Register

 -

 -

 -

14

Acquaintance Roll Register

 -

 -

 -

15

Attendance Register

 -

 -

 -

16

Issue and dispatch Register

-

-

-

17

Order Book

-

-

-

18

Court Diary

-

-

-

19

Notification Book

-

-

-

20

Peon Book

-

-

-

21

Court Fee Register

-

-

-

22

Order copy issue Register

-

-

-

  MANUAL-7 

Particulars of Arrangement in Formulation of Policy

[Section-4 (1) (b) (vii)]

MANUAL-8 

Boards, Councils, Committees & Other Bodies Constituted

[Section-4 (1) (b) (viii)]

For purchase and outsourcing of service in the office of OREAT, Bhubaneswar, one committee is constituted which consists of Hon'ble Member (Judicial), Registrar and Accounts Officer of this establishment.

 

  MANUAL-9 

Directory of Officers & Employees

[Section-4 (1) (b) (ix)]

Sl No.

Name

Designation

Contact No

Fax

E-mail

Address

1

2

3

 4

5

6

7

1

 

Parameswar Sahoo

Accounts Officer

 0674-2571802

-

 oreat.bbsr@gmail.com OREAT, Bhubaneswar

2

 -

-

 -

 

-

-

-

3

Manas Kumar Pradhan

Private Secretary

 0674-2571802

 

-

oreat.bbsr@gmail.com

OREAT, Bhubaneswar

4

Rabi Narayan Patro

Section officer

 0674-2571802

 

-

pio.oreat@gmail.com

 OREAT, Bhubaneswar

5

Biswajit Behera

Personal Assistant

 

 0674-2571802

-

oreat.bbsr@gmail.com

 OREAT, Bhubaneswar

6

Trilochan Dhal

Personal Assistant

 

 0674-2571802

-

oreat.bbsr@gmail.com

 OREAT, Bhubaneswar

7

Basanta Kumar Behera

Assistant Section Officer

 

 0674-2571802

-

oreat.bbsr@gmail.com

 OREAT, Bhubaneswar

8

 -

-

 -

-

-

 -

9

 -

 -

 -

 

-

-

 -

10

Rashmi Prava Raj

Assistant Section Officer

 

 0674-2571802

-

oreat.bbsr@gmail.com

 OREAT, Bhubaneswar

11

Samar Ranjan Muduli

Assistant Section Officer

 

 0674-2571802

-

oreat.bbsr@gmail.com

 OREAT, Bhubaneswar

12

Subhransu Kumar Sahoo

Assistant Section Officer

 0674-2571802

 

-

oreat.bbsr@gmail.com

OREAT, Bhubaneswar

13

Dilip Kumar Khuntia

Assistant Section Officer

 

 0674-2571802

-

oreat.bbsr@gmail.com

 OREAT, Bhubaneswar

14

Rajendra Routray

Junior Grade Typist -cum- DEO

 

 0674-2571802

-

 oreat.bbsr@gmail.com

OREAT, Bhubaneswar

15

Sanjay Kumar Mishra

Junior Grade Typist -cum- DEO

 

 0674-2571802

-

 oreat.bbsr@gmail.com OREAT, Bhubaneswar

16

Nrusingha Charan Mishra

Peon - cum- Zamadar

 0674-2571802

-

 oreat.bbsr@gmail.com OREAT, Bhubaneswar

17

Trilochan Parida

Peon - cum- Zamadar

 0674-2571802

-

 oreat.bbsr@gmail.com OREAT, Bhubaneswar

18

Ajit Kumar Barik

Peon - cum- Zamadar

 0674-2571802

 

-

oreat.bbsr@gmail.com

OREAT, Bhubaneswar

 

  MANUAL-10 

Monthly Remuneration & Compensation of Officers & Employees

[Section-4 (1) (b) (x)]

Sl No.

Name

Designation

Scale of Pay

1

2

3

4

1 

Parameswar Sahoo

Accounts Officer

Level-12 (56,100 - 1,77,500)

2

 

 

 

3

Manas Kumar Pradhan

Private Secretary

Level-11 (47,100 - 1,51,100)

4

Rabi Narayan Patro

Section officer

Level-10 (44,900 - 1,42,400)

5

Biswajit Behera

Personal Assistant

Level-10 (44,900 - 1,42,400)

6

Trilochan Dhal

Personal Assistant

Level-10 (44,900 - 1,42,400)

7

Basanta Kumar Behera

Assistant Section Officer

Level-10 (44,900 - 1,42,400)

8

 Vacant

 

 

9

 Vacant

 

 

10

Rashmi Prava Raj

Assistant Section Officer

Level-10 (44,900 - 1,42,400)

11

Samar Ranjan Muduli

Assistant Section Officer

Level-9 (35,400 - 1,12,400)

12

Subhransu Kumar Sahoo

Assistant Section Officer

Level-9 (35,400 - 1,12,400)

13

Dilip Kumar Khuntia

Assistant Section Officer

Level-9 (35,400 - 1,12,400)

14

Rajendra Routray

Junior Grade Typist -cum- DEO

Level-6 (23,600 - 74,800)

15

Sanjay Kumar Mishra

Junior Grade Typist -cum- DEO

Level-6 (23,600 - 74,800)

16

Nrusingha Charan Mishra

Peon - cum- Zamadar

Level-3 (18,000 - 56,900)

17

Trilochan Parida

Peon - cum- Zamadar

Level-1 (16,600 - 52,400)

18

Ajit Kumar Barik

Peon - cum- Zamadar

Consolidated Remuneration

  MANUAL-11 

Budget Allocated to each Agency

[Section-4 (1) (b) (xi)]

Budget 2022-23:

Allotment from controlling officer to DDO for the financial year 2022-23 has been received under Demand No.13, Housing & Urban Development under CO Code HUD001, Commissioner-cum-Secretary to Govt., H & UD Department, BBSR under various heads such as Other Contingencies, Up-gradation of Computer, Leave Travel Concession, Electricity Dues, Water Charges, Telephone Charges, Motor Vehicles, Water Cess, Motor Vehicle, Rent, Rates & Taxes, Consulting Charges, Spare and Services, Computer consumables, Travel Expenses, Reimbursement cost of Medicines etc.

  MANUAL-12  

Manner of Execution of Subsidy Programmes

[Section-4 (1) (b) (xii)]

 

MANUAL-13  

Particulars of Recipients of Concessions, Permits or Authorizations Granted 

[Section-4 (1) (b) (xiii)]

Procedure to obtain certified copies and inspection of records:-

1.An appellant or a respondent who has appeared in the Appeal is entitled at any stage before or after disposal of the appeal, to obtain copies of the record of the appeal including exhibits which have been put in and finally accepted by the Tribunal as evidence.

2.Any person, not being an appellant or respondent may, after disposal of the case, also obtain copies of any order passed, memorandum of appeal, counter or reply, affidavit and petitions filed in such appeal, upon sufficient reason being shown to the satisfaction of the Registrar:

Provided that such person shall have no right to obtain copies of private documents except with the consent of the person by whom they are produced or his successor-in-interest.

3.No copy of an ex parte interim order shall be granted to any party, including a lawyer appearing in the case, until requisite for service of notice regarding such order are filed.

4.One application may be filed in respect of number of documents applied for from the same record.

5.Every application for copies shall be filed in Form No-11 appended to these regulations along with application fees of rupees twenty for ordinary copy and rupees fifty for urgent copy.

6.Applicant shall pay fee of rupees twenty for every page of copy to be prepared through photocopy process and rupees fifty for every page of copy to be prepared through typing process in computer.

7.Application fees and certified copy fees shall be paid by means of Court fee Stamps or through e-payment system.

8.The applicant shall make good the deficiencies pointed out in the office note and also deposit the estimated fees or costs of the copies applied for, within three days of the date of estimate notified in the notice board:

Provided that if the applicant fails to deposit the estimated cost or to make good the deficiencies within seven days of the date of estimate notified in the notice board, the application for copy shall be rejected.

9.The ordinary copy shall be furnished within 7 days of the date when the application is considered as complete and urgent copies shall be furnished within 48 hours from the time the application is found to be complete, excluding the holidays.

10. A copy shall bear the common seal of the Tribunal and shall be certified to be a true copy and be signed by the officer-in-charge of the Copying Section or an officer duly authorized by the Registrar in that behalf and such officer-in-charge or the officer so authorized by the Registrar shall also initial every alteration in the copy.

11.Every copy shall bear the name and signature of the person who prepared the copy and the name and signature of the person who has compared the copy with the original and in every case the certifying officer shall append to his signature the words “Authorised under section 76 of Indian Evidence Act, 1872”.

12. When a copy of a judgment or order is granted, the following particulars shall be recorded on the last sheet of the copy itself, and in the form given below for the information of the higher court;

Sl.

Name and Address of the Beneficiary

Nature of Concession / Permit / Authorization Provided

Purpose for Which Granted

Scheme and Criterion for Selection

No. of Items Similar Concession Given in Past with Purpose

1

2

3

4

5

6

1

-

-

-

-

-

2

-

-

-

-

 -

3

-

-

-

-

-

4

-

-

 -

 -

-

  MANUAL-14  

 Information Available in an Electronic Form     

[Section-4 (1) (b) (xiv)]

  MANUAL-15  

Particulars of Facilities Available to Citizens for Obtaining Information 

[Section-4 (1) (b) (xv)]

Sl No.

Facility Available

Nature of Information Available

Working Hours

1

2

3

4

1

Notice Board

-

10 A.M. to 5.30 P.M.

2

Information Counter

-

-

3

Web site

www.oreat.nic.in

-

  MANUAL-16 

Names, Designations & Other Particulars of the Public Information Officers

[Section-4 (1) (b) (xvi)]

Public Information Officer (PIO):

Sl No.

Name

Designation

Phone No

E-mail

Adress

1

2

3

4

5

6

1

Sri Rabi Narayan Patro

Section Officer -cum- Public Information Officer

0674-2571802

pio.oreat@gmail.com

OREAT, Bhubaneswar

First Appellate Authority (FAA):

Sl No.

Name

Designation

Phone No

E-mail

Adress

1

2

3

4

5

6

1

Dr Kiran Kumar Pradhan

Registrar 

0674-2571809

oreat.bbsr@gmail.com

OREAT, Bhubaneswar

  MANUAL-17  

Other Information

[Section-4 (1) (b) (xvii)]

FORM NO-IV

Register of application for Certified Copy

SI.

No.

Name of the applicant

Nature & date of application

Nature of document & number with year of the case

Date of notification of estimated fee/cost

Nature of copy and number of pages

Charges of preparati on of copy

Date on which copy is ready

Date fixed for delivery & date of delivery

Signatur e of the person receiving the copy

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

 

 

 

 

 

 

 

 

 

 

 

FORM NO-V

Register of application for Inspection of Record

SI.

No.

Name of the applicant pleader/ advocate

Date of application

Number and year of the case applied for inspection

Date of inspection of record

Duration of inspection

Charges for inspection

Signature of the officer in whose presence the inspection is made.

Signature of the person inspected the record

Remark s

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)