MahaRERA came out with a set of guidelines for functioning of MahaRERA Conciliation and Dispute Resolution Forum between builders and homebuyers.
By Varun Singh
A new set of guidelines has been issued by MahaRERA for the functioning of the conciliation forum that resolves issues between a builder and homebuyer.
As per Section 32 (g) of the Real Estate (Regulation and Development Act, 2016 to facilitate amicable conciliation of disputes between promoters and the allottees through dispute settlement forums set up by the consumer or promoter associations, MahaRERA had established the MahaRERA Conciliation and Disputes Resolution Forum.
This was to ensure speedy disposal of the complaints and also to promote and popularize amicable and effective settlement of disputes arising between the allottees/promoter/ real estate agents.
Pursuant thereto, number of online complaints filed before MahaRERA have been referred to MahaRERA Conciliation and Disputes Resolution Forum, to achieve the object of section 32(g) of the RERA.
MahaRERA felt necessary to streamline the process of hearing /disposal of the complaints referred to MahaRERA Conciliation and Disputes Resolution Forum, for which the procedural guidelines should be prescribed by the MahaRERA for hearing of complaints referred by MahaRERA (Referred Conciliation matters).
MahaRERA came up with following guidelines.
a) Once the complaints are referred to Conciliation Forum by MahaRERA, the ollice bearers of the Conciliation Forum should first scrutinize the seniority of the said complaints and thereafter keeping its seniority intact, assign/ distribute those complaints to the concerned functional Conciliation Benches. The assignment of not more than 10 complaints can be done at the initial stage.
b) Once the matters are assigned to the bench, the conceraed Conciliation bench shall issue notice of first hearing to the parties within a period of one week from the date of receipt of such assignment and the first hearing on such complaints should be conducted at least within 15 days. Only after disposal of the assigned complaints, next lot of 10 complaints can be assigned to the conclliation bench.
c) In referred conciliatioa complaints all parties will be at liberty to be represented through advocates I artt.orized representatives, before the Conciliation Forum.
d) In the referred conciliation matters, if the parties arrive at any mutual agteement, in that event, the concerned Bench should record the said proceeding ln the Roznama and should refer such complaints to MahaRERA within a period of one week together duly with signed conciliation terms. After placiag such matters before the MahaRERA and only after passing final order by MahaRERA, the said complaint will be treated as closed/fiaally disposed of.
e)f If the conciliation between the parties fails, in that event, such complaints be transferred back to MahaRERA within a period of one week for taking appropriate decision on merits.
Adv Sunil Kewalramani said, “Previously the Advocate of the Complainants was not allowed to attend and represent the complainant before the Concialtion Proceedings. But now as per the circular advocates of the complainant can attend and represent the complainants before the conciliation proceedings.”