Section 71

Section 71 creates the Adjudicating Officer — the specialized officer who determines monetary compensation under RERA. This separates the regulatory function (RERA Authority) from the quasi-judicial compensation function (Adjudicating Officer), creating institutional clarity. **Why a separate Adjudicating Officer?** The RERA Authority is a regulatory body — it registers projects, monitors compliance, and imposes regulatory penalties. Determining the quantum of compensation owed by a builder to a specific homebuyer is a quasi-judicial function requiring legal expertise, evidence examination, and reasoned orders. Section 71 designates a person of at least District Judge rank for this purpose — ensuring judicial quality in compensation decisions. **Jurisdiction — Sections 12, 14, 18, 19:** The Adjudicating Officer specifically handles compensation claims arising from: - Section 12 (false advertisement/misrepresentation) - Section 14 (plan deviation damages) - Section 18 (delay compensation and refund) - Section 19 (allottee rights violations) Regulatory penalty orders (non-registration, false information) remain with the RERA Authority. **Civil court powers (Section 71(3)):** The Adjudicating Officer can summon witnesses, compel document production, and examine parties on oath — enabling proper fact-finding for compensation quantum determinations. **State variation — combined or separate roles:** Some states have combined the Adjudicating Officer and RERA Authority member roles; others have designated separate officers. MahaRERA uses its members as Adjudicating Officers. The qualification requirement (District Judge rank) is mandatory regardless of how states implement it. **Written, reasoned orders (Section 71(5)):** Every Adjudicating Officer order must be in writing and specify grounds — enabling meaningful appellate review by the Appellate Tribunal under Section 47.