59. Punishment for nonregistration under section 3.—(1) If any promoter contravenes the
provisions of section 3, he shall be liable to a penalty which may extend up to ten per cent. of the
estimated cost of the real estate project as determined by the Authority.
(2) If any promoter does not comply with the orders, decisions or directions issued under sub-section
(1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term
which may extend up to three years or with fine which may extend up to a further ten per cent. of the
estimated cost of the real estate project, or with both.
60. Penalty for contravention of section 4.—If any promoter provides false information or
contravenes the provisions of section 4, he shall be liable to a penalty which may extend up to five per
cent. of the estimated cost of the real estate project, as determined by the Authority.
61. Penalty for contravention of other provisions of this Act.—If any promoter contravenes any
other provisions of this Act, other than that provided under section 3 or section 4, or the rules or
regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent. of the
estimated cost of the real estate project as determined by the Authority.
62. Penalty for nonregistration and contravention under sections 9 and 10.—If any real estate
agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a
penalty of ten thousand rupees for every day during which such default continues, which may
cumulatively extend up to five per cent. of the cost of plot, apartment or building, as the case may be, of
the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.
63. Penalty for failure to comply with orders of Authority by promoter.—If any promoter, who
fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a
penalty for every day during which such default continues, which may cumulatively extend up to five per
cent., of the estimated cost of the real estate project as determined by the Authority.
64. Penalty for failure to comply with orders of Appellate Tribunal by promoter.—If any
promoter, who fails to comply with, or contravenes any of the orders, decisions or directions of the
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Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to three
years or with fine for every day during which such default continues, which may cumulatively extend up
to ten per cent. of the estimated cost of the real estate project, or with both.
65. Penalty for failure to comply with orders of Authority by real estate agent.—If any real estate
agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall
be liable to a penalty for every day during which such default continues, which may cumulatively extend
up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real
estate project, for which the sale or purchase has been facilitated and as determined by the Authority.
66. Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.—If any
real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the
Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year
or with fine for every day during which such default continues, which may cumulatively extend up to ten
per cent. of the estimated cost of plot, apartment or building, as the case may be, of the real estate project,
for which the sale or purchase has been facilitated, or with both.
67. Penalty for failure to comply with orders of Authority by allottee.—If any allottee, who fails
to comply with, or contravenes any of the orders, decisions or directions of the Authority he shall be
liable to a penalty for the period during which such default continues, which may cumulatively extend up
to five per cent. of the plot, apartment or building cost, as the case may be, as determined by the
Authority.
68. Penalty for failure to comply with orders of Appellate Tribunal by allottee.—If any allottee,
who fails to comply with, or contravenes any of the orders or directions of the Appellate Tribunal, as the
case may be, he shall be punishable with imprisonment for a term which may extend up to one year or
with fine for every day during which such default continues, which may cumulatively extend up to ten per
cent. of the plot, apartment or building cost, as the case may be, or with both.
69. Offences by companies.—(1) Where an Offence under this Act has been committed by a
company, every person who, at the time, the offence was committed was in charge of, or was responsible
to the company for the conduct of, the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section, shall render any such person liable to any
punishment under this Act if he proves that the offence was committed without his knowledge or that he
had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company, and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means any body corporate and includes a firm, or other association of individuals;
and
(b) “director” in relation to a firm, means a partner in the firm.
70. Compounding of offences.—Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), if any person is punished with imprisonment under this Act, the punishment
may, either before or after the institution of the prosecution, be compounded by the court on such terms
and conditions and on payment of such sums as may be prescribed:
Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine
which may be imposed for the offence so compounded.
71. Power to adjudicate.—(1) For the purpose of adjudging compensation under sections 12, 14, 18
and section 19, the Authority shall appoint, in consultation with the appropriate Government, one or more
judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for
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holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity
of being heard:
Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and
section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes
Redressal Commission or the National Consumer Redressal Commission, established under section 9 of
the Consumer Protection Act, 1986 (68 of 1986), on or before the commencement of this Act, he may,
with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending
before it and file an application before the adjudicating officer under this Act.
(2) The application for adjudging compensation under sub-section (1), shall be dealt with by the
adjudicating officer as expeditiously as possible and dispose of the same within a period of sixty days
from the date of receipt of the application:
Provided that where any such application could not be disposed of within the said period of sixty
days, the adjudicating officer shall record his reasons in writing for not disposing of the application within
that period.
(3) While holding an inquiry the adjudicating officer shall have power to summon and 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 adjudicating officer, may be useful for or relevant to
the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply
with the provisions of any of the sections specified in sub-section (1), he may direct to pay such
compensation or interest, as the case any be, as he thinks fit in accordance with the provisions of any of
those sections.
72. Factors to be taken into account by the adjudicating officer.—While adjudging the quantum
of compensation or interest, as the case may be, under section 71, the adjudicating officer 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;
(d) such other factors which the adjudicating officer considers necessary to the case in furtherance
of justice.