Section 35 RERA 2016: Powers to Call for Information and Conduct Investigations

Section 35 of the Real Estate (Regulation and Development) Act, 2016 (RERA) empowers the Real Estate Regulatory Authority to seek information, require explanations and conduct inquiries concerning promoters, allottees and real estate agents. It may act on a complaint or suo motu (on its own initiative), subject to the statutory requirements of a written order and recorded reasons.

Meaning and scope of Section 35

The Authority means the Real Estate Regulatory Authority established under Section 20, as defined in Section 2(i). A promoter is defined under Section 2(zk), an allottee under Section 2(d), and a real estate agent under Section 2(zm). These definitions determine who may be called upon to provide information or be examined in an inquiry.

Section 35(1): Calling for information and conducting an inquiry

Where it considers action expedient in relation to the Act or the rules or regulations made under it, the Authority may, upon a complaint or on its own initiative, issue a written order recording its reasons. It may require a promoter, allottee or real estate agent to provide information or an explanation in writing about their affairs. It may also appoint one or more persons to inquire into those affairs.

Thus, the power is not confined to disputes initiated by homebuyers. The Authority may examine suspected non-compliance independently. The statutory conditions of expediency, a written order and recorded reasons remain important safeguards.

Section 35(2): Powers equivalent to those of a civil court

Notwithstanding anything contained in another law in force, while exercising its powers under subsection (1), the Authority has the same powers as a civil court trying a suit under the Code of Civil Procedure, 1908, for the following specified matters:

1. Discovery and production of documents: requiring books of account and other documents at the place and time specified by the Authority.
2. Summons and examination on oath: summoning persons, enforcing their attendance and examining them under oath.
3. Commissions: issuing commissions to examine witnesses or documents.
4. Prescribed matters: exercising powers concerning any additional matter prescribed under applicable rules.

These are specified procedural powers; Section 35 does not, by itself, confer every power of a civil court for every purpose.

How a Section 35 inquiry may proceed

An inquiry may begin with a complaint under Section 31 or from information considered by the Authority independently. The Authority can issue a reasoned written direction seeking records, project information, explanations or supporting documents. It may summon relevant persons and appoint an inquiry officer or officers. The affected party should comply with lawful directions and retain copies of submissions and acknowledgments.

Relationship with other provisions

Section 34 sets out the Authority's regulatory and compliance functions. Section 36 addresses interim orders, Section 37 concerns binding directions, and Section 38 provides further powers and procedural safeguards. The availability of particular relief depends on the relevant statutory provision and applicable state rules.

Practical considerations

Promoters may be asked to produce approvals, registrations, agreements, financial records and project disclosures. Allottees may be required to provide allotment letters, payment records and correspondence. Agents may need to submit registration and transaction records. The information requested must be considered in light of the inquiry and the Authority's jurisdiction; the section does not prescribe a universal checklist or fixed response period.

Official legal reference

Read the Real Estate (Regulation and Development) Act, 2016 on India Code. For filing requirements, procedures and any additional prescribed matters, consult the rules, regulations and notifications of the competent state or Union Territory RERA.

Frequently asked questions

Can RERA investigate without a complaint?

Yes. Section 35(1) expressly permits the Authority to act suo motu, with a written order recording reasons.

Can the Authority summon a promoter or allottee?

Yes. Section 35(2) permits summons, enforcement of attendance and examination on oath in an inquiry under subsection (1).

Does Section 35 give RERA unlimited civil court powers?

No. The civil court powers under this section are confined to the matters specified in subsection (2), including any additional prescribed matter.