Many homebuyers who knock the doors of MahaRERA, they mostly wonder on what basis does the authority decides the seniority of their complaint. This article will answer all your doubts.
By Varun Singh
One of the functions of the MahaRERA is to establish the adjudicating mechanism for speedy redressal of disputes.
Accordingly, as per the provisions of Section 31 of Real Estate (Regulation and Development) Act, 2016 any aggrieved person may file complaint with the MahaRERA for any violation or contravention of the provisions of RERA.
Till date iarge numbers of online complaints have been fiied before the MahaRERA, out of which majority of the complaints have already been decided.
Due to the persistent pandemic situation prevailing since March, 2O2O, MahaRERA adopted system of virtual hearings through Video Conferencing. The process of virtual hearing may continue for further time considering the present pandemic situation.
It has been observed that the number of complaints has been increasing day by day.
When a complaint is registered before the MahaRERA, it is scheduled for hearing before the concerned Bench as per its seniority, which is decided as per the date of registration/filing of the online complaint before the authority.
The authority has also established a conciliation forum for amicable solutions. The forum is functioning as on date, to ensure the speedy disposal of the complaints and also to promote the amicable and effective settlement of disputes arising between the allottees/promoter/ real estate agents as a part of which number of complaints have been referred to the MahaRERA Conciliation Forum. Complaints are referred only after seeking consent of the parties in a hearing before the authority.
if a complaint is referred to the MahaRERA Conciliation Forum for availing the possibility of amicable settlement and if the conciliation between the parties fails, in that event, the complaint will then referred back to the MahaRERA for hearing the same on merits and on receipt thereof, such complaints would be scheduled for hearing as per the original seniority of the said complaint and the seniority of the complaint would be decided as per the date of registration/frling of the complaint.
Hence, even if a complaint is referred to the conciliation forum, the seniority of the complaint will remain intact. The hearing/ decision of such complaints shall be taken up strictly as per their seniority.
However, due to any unavoidable circumstances, if the seniority of any complaint has to be changed, in that event a proper/ reasoned justification should be submitted before the Chairperson, and only on the approval, the seniority of such complaints could be changed.
A circular in this regards was issued by the secretary of the authority last week.
