Disputes between Allottees and Promoters – What happens when parties cannot afford a lawyer?
Introduction:
The right to legal aid enshrined in the constitution of India is safeguarded by the establishment of the National Legal Services Authority (also known as NALSA). The NALSA was constituted under the Legal Services Authorities Act, 1987. The main objective of NALSA is to provide equal access to justice to the marginalized sections of society. The same has been reiterated in cases such as Husain Khatoon v. the State of Bihar and Sukdas v. Union Territory of Arunachal Pradesh. In general, legal aid applies to a wide range of matters. It is also important to note that disputes that emanate between parties due to violation of their rights enshrined under the Real Estate (Regulation and Development) Act, 2016 are one of them. If one of the parties to such a dispute fulfills the eligibility criteria as stated in Section 12 of the Legal Services Act, that party is eligible to claim legal aid. Disputes under The Real Estate (Regulation and Development) Act, 2016 can also be covered with representation by an advocate, legal advice, financial aid, and other relevant services.
Eligibility:
The categories of persons who are eligible to avail legal aid from the state are SC/ST, women, children, persons suffering from mental illness or other disabilities, victims of disaster, industrial workmen, and persons in custody. Those with the receipt of annual income as prescribed by the State government are also eligible to claim legal aid for the disputes falling under the Real Estate (Regulation and Development) Act, 2016. However, this prescribed limit varies from state to state. Different states have different income limits set as requirements for claiming legal aid. The income ceiling limit of different states can be viewed by clicking this website Eligibility – National Legal Services Authority! (nalsa.gov.in). If the case where legal aid is to be availed is before the supreme court, then the annual income of the person availing legal aid must be less than 5 lakhs for a party to claim legal aid. As per Section 13 (1) of the Legal Services Act, any person fulfilling one of the criteria mentioned above is eligible to claim legal aid for disputes under the Real Estate (Regulations and Development) Act, 2016.
Legal Aid under the RERD Act, 2016:
The Real Estate (Regulation and Development) Act, 2016 in India governs disputes between the Allottees and Promoters arising majorly out of breach of their obligations under the Agreements entered into between them or violation of the provisions of the Act. It is not well known that legal aid is available to eligible persons involved in disputes under the Real Estate (Regulation and Development) Act, 2016. A wide range of legal aid services is available for issues coming under The Real Estate (Regulation and Development) Act, 2016. These services include representation by an advocate, the drafting of legal documents, the supply of judgment copies, financial coverage of the costs incurred during legal proceedings, and awareness of the rights to which one is entitled under the Real Estate (Regulation and Development) act.
Procedure:
There are two modes of applying for legal aid services. One may apply online through the NALSA website (Nalsa Legal Aid Management) Nalsa Legal Aid Managementor through the website of their State Legal Services Authority. Another way is by visiting the nearest Legal Services Authority and filling out the application form for legal assistance. One can also request legal aid by sending a letter (by post) to the Legal services authority mentioning details such as name, address, gender, age, financial status, whether SC/ST, and a brief note on the case for which legal aid is required. The front office or Legal services clinic can also assist in preparing the application by a paralegal volunteer if one is unable to submit an application through the above-mentioned methods. Once the application is submitted the same will be forwarded to the concerned authority and the applicant will be notified about the next action to be taken. The nature of legal assistance will also be informed to the applicant depending on the case.
Documents required:
The requisite documents include a completed application form, ID proof, documents, or affidavits as proof of belonging to a particular category mentioned above. If applying under the low-income category, then one must submit an annual income certificate or other proof of income. For online applications, the requisite documents are mentioned here, Nalsa: Legal Service Management System.
Is an Appeal possible?
According to Rule 7(5) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, “the application for legal services will be scrutinized by the Member – Secretary and if any individual is aggrieved by the decision made upon their application, he/she has an option to appeal to the Executive Chairman or Chairman of the Legal Services Institution and the decision resulting from appeal would be the final one.”
Conclusion:
The National Legal Services Authority (NALSA) provides free legal services to the weaker sections of society under the Legal Services Authorities Act, 1987. These services are not restricted to any category of disputes, thus, also extend to disputes emanating under the Real Estate (Regulation and Developments Act) 2016. Persons belonging to the marginalized sections of the society such as – SC/ST, women, children, industrial workers, persons with disability, and low income. One can apply for legal aid through the NALSA portal or by visiting the nearest legal aid services authority. Once the application is submitted, the status of the same will be notified to the applicant via mail or to the residential address mentioned in the application. For online applications, one can track the status of the same on the online portal itself. The requisite documents are available in the online portal of NALSA for reference. If a person is aggrieved by the decision made by the respective Legal services authority, they may appeal about the same to the Chairman of the concerned authority.
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