Authority Clarifies Its Jurisdiction, Says Buyers Must Approach the Right Forum for Execution
In a significant clarification for homebuyers and legal practitioners, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint filed by a U.S.-based NRI homebuyer seeking interest on a refund, holding that the Authority cannot execute or re-hear cases already decided by consumer courts.
The case revolved around a refund claim in the registered project “DSK Anandghan” (MahaRERA Registration No. P52100005158), located in Pune’s Haveli taluka and developed by Saurabh, Pravin and Gaurav Tayal.
The complaint was filed by Anand Jitendra Vithalani, an NRI from the U.S., who sought directions from MahaRERA for repayment of interest on a previously refunded amount as ordered by the State Consumer Dispute Redressal Commission, Nagpur.
NRI Buyer Approached Multiple Forums
The complainant had earlier approached the State Consumer Commission, which in 2019 ordered the builder to refund the amount with interest and compensation. While the principal amount was refunded, the buyer later approached MahaRERA in February 2024, demanding the interest component.
However, MahaRERA observed that since the same matter was already decided by the Consumer Commission — and even under execution before that body — filing a fresh complaint under RERA was not maintainable.
MahaRERA Cites Lack of Jurisdiction
The Authority, headed by Member Mahesh Pathak, noted that the Real Estate (Regulation and Development) Act, 2016, does not empower MahaRERA to execute or enforce orders issued by other judicial or quasi-judicial bodies like consumer courts.
“There is no explicit provision under RERA under which such reliefs as sought by the complainant can be granted,” the order stated. “The complainant has already adopted legal remedies before the Consumer Forum and cannot pursue the same cause before MahaRERA.”
MahaRERA also cited that the complainant had filed an Execution Application (No. EA/19/8) before the State Consumer Commission, which was still pending, making the RERA complaint parallel and non-maintainable.
Complaint Hit by ‘Res Judicata’
Adding further, MahaRERA recalled that an earlier complaint filed by the same buyer for similar relief was dismissed in 2019 for want of prosecution and never restored.
“The present complaint is hit by the doctrine of Res Judicata,” MahaRERA stated, meaning a matter once adjudicated cannot be pursued again between the same parties on the same issues.
Consequently, the Authority dismissed the latest applications for restoration, rectification, and remand, declaring them infructuous and beyond jurisdiction.
Key Takeaways for Homebuyers
This order serves as an important reminder for homebuyers — especially NRIs — to file and pursue cases before the appropriate legal forum.
MahaRERA’s role is limited to regulating developers and resolving disputes arising under RERA provisions. However, it does not have powers to enforce or execute orders passed by other tribunals, including consumer courts.
If a buyer has already obtained an order from a consumer forum, the execution must be sought before that same forum, not before MahaRERA.
Industry Impact
For developers, the ruling brings clarity and avoids duplication of proceedings across multiple forums. For homebuyers, it underscores the need to understand where to file, how to enforce, and when RERA can intervene.
As MahaRERA continues to streamline dispute redressal, such clarity will likely prevent overlapping litigation — saving time and legal costs for both parties.
Also Read: MahaRERA Dismisses Complaint Against Developer Over Redevelopment Dispute
