Section 71 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 71 sets up the officer who decides compensation under the Act. For compensation under sections 12, 14, 18 and 19, the Authority appoints, in consultation with the appropriate Government, one or more judicial officers who are or have been District Judges as adjudicating officers. They hold an inquiry, must try to dispose of an application within sixty days and may direct payment of compensation or interest. A buyer whose complaint was pending in a consumer forum when the Act commenced may withdraw it and apply here. If you are preparing an application, our consumer complaint filing team can help.
For adjudging compensation under sections 12, 14, 18 and 19, the Authority appoints, in consultation with the appropriate Government, one or more judicial officers who are or have been a District Judge as adjudicating officer (71(1)). The application is to be disposed of within sixty days from receipt, and if not, reasons are recorded in writing (71(2)). The officer can summon witnesses and documents and direct payment of compensation or interest (71(3)).
Section 71 at a glance
| Sub-section | Subject | Key point |
|---|---|---|
| 71(1) | Appointment | By the Authority, in consultation with the appropriate Government; judicial officer who is or has been a District Judge; for compensation under sections 12, 14, 18 and 19 |
| 71(1) | Inquiry | In the prescribed manner, after giving any person concerned a reasonable opportunity of being heard |
| 71(1) proviso | Pending consumer complaints | May be withdrawn with the permission of the forum and filed before the adjudicating officer |
| 71(2) | Time | Dispose within sixty days from receipt; reasons in writing if not |
| 71(3) | Powers | Summon, enforce attendance, call for documents; direct compensation or interest |
Section 71(1): who and for what
"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 holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard."
Which sections. The four sections whose compensation falls to the adjudicating officer are:
| Section | Subject | Our article |
|---|---|---|
| 12 | False advertisement or prospectus | Section 12 |
| 14 | Sanctioned plans and structural defects | Section 14 |
| 18 | Return of amount and compensation | Section 18 |
| 19 | Rights and duties of allottees | Section 19 |
Who. One or more "judicial officer as deemed necessary", who "is or has been a District Judge". The Authority appoints, but only "in consultation with the appropriate Government".
How. An inquiry "in the prescribed manner", after a "reasonable opportunity of being heard". The manner of inquiry is left to the State rules (section 84(2)(zc)) and differs by State.
The text does not say how an allottee should choose between the Authority (section 31 complaints) and the adjudicating officer; see our article on filing complaints under section 31 and our guide on how to file a RERA complaint. Check the State rules for which application goes where.
The proviso: pending consumer complaints
"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, 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."
Reading it:
- Who. A person whose complaint was already pending before a consumer forum or commission on or before the commencement of the Act.
- What matters. Only those "covered under sections 12, 14, 18 and section 19".
- How. With the permission of the forum or commission, the person may withdraw and file an application before the adjudicating officer. It is an option ("may"), not a requirement.
- Limit. The words "on or before the commencement of this Act" make this a one-time transitional provision for pending complaints. Complaints filed afterwards are not within it.
Note: the Consumer Protection Act, 1986 cited here was replaced by the Consumer Protection Act, 2019. The proviso is quoted as enacted; we give no new section numbers. For where to file today, see RERA vs Consumer Forum.
Section 71(2): sixty days
"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."
The wording "shall ... dispose of" is firmer than the Tribunal's "endeavour" in section 44(5), but the proviso allows a longer time if reasons are recorded. The text gives no outer limit and no consequence for delay.
Section 71(3): powers and orders
"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." ("As the case any be" is a typographical slip for "as the case may be".)
- Power to summon any person acquainted with the facts, and to call for documents.
- Satisfaction test. The officer must be satisfied that the person "has failed to comply with the provisions" of sections 12, 14, 18 or 19.
- Remedy. Compensation or interest, "as he thinks fit in accordance with the provisions of" those sections.
- Quantum. Section 72 lists the factors; see our article on section 72.
Orders for money can be recovered under section 40(1); see our article on section 40. An appeal lies to the Appellate Tribunal under section 44; see our article on section 44.
Example. An allottee, Ms Banerjee, is told in an advertisement that a clubhouse will be built, but it is not. She applies to the adjudicating officer for compensation under section 12. The officer hears both sides, may call for the brochure, and decides within sixty days or records reasons for the delay.
Need help with a compensation application?
A compensation claim needs the right section, the right evidence and the right forum under your State's rules. We can review your papers and prepare the application. Start with consumer complaint filing.
Key takeaways
- The adjudicating officer decides compensation under sections 12, 14, 18 and 19.
- The officer is a judicial officer who is or has been a District Judge, appointed by the Authority in consultation with the appropriate Government.
- The target is sixty days, with written reasons if exceeded.
- Complaints pending before consumer fora at commencement could be withdrawn, with permission, and filed here.
- The inquiry manner is as prescribed by State rules.
Read next
- Section 72: factors for deciding compensation
- Section 18: return of amount and compensation
- Delay in Possession: Compensation Under RERA
- RERA vs Consumer Forum: Where to File
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.