Of the 802 conciliation cases that MahaRERA’s conciliation forum received they have completed conciliation on almost 90% cases.
By Varun Singh
Maharashtra Real Estate Regulatory Authority (MahaRERA) was set under the RERA act to help homebuyers.
Also to sort out differences between developers and homebuyers, the authority came up with a conciliation forum.
The aim of the conciliation forum is to make the homebuyer and the developer sit and hear them out and come with an amicable solution.
The conciliation forums bench comprises of representatives from the Grahak Panchayats and the developer bodies.
Whenever they receive a complaint with the consent of both the parties they sit hear the parties out and conciliation is reached.
This keeps the relations between a developer and a homebuyer healthy.
Till now MahaRERA’s conciliation forum has received a total of 802 applications with consent of both the parties.
Out of this they have achieved conciliation or the process has been completed in 720 cases. Which is almost 90% of the total applications received.
Only 82 cases are still in the process of conciliation.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) recently came up with a new circular.
The circular set a deadline and time frame for problems to be resolved via conciliation.
The circular stated, ‘MahaRERA is empowered with power of general superintendence and direction in the conduct of the affairs of the authority under section 25 of real estate regulation and development act 2016.’
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 forum set up by the consumer or promoter Association, MahaRERA established the MahaRERA conciliation and dispute resolution forum in 2018 to ensure speedy disposal of the complaints and also to promote and popularise amicable and effective settlement and dispute arising between the allottees/promoters/real estate agents.
It has been prescribed that one’s complaints are assigned to the conciliation bench the concerned conciliation bench shall issue notice of first hearing to the parties within one week from the date of receipt of the complaint and the first hearing on such complaint should be conducted within 15 days.
MahaRERA noticed that after the first hearing date the complaint proceedings take a considerable long time to culminate either in settlement or as failed mediation.
Thus the authority Felt necessary to further streamline the process of hearing/disposal of the complaint is referred to MahaRERA conciliation and dispute resolution forum.
Hence MahaRERA has prescribed a procedure for the hearing that has to be conducted by the MahaRERA conciliation and dispute resolution forum in referred conciliation matters transferred by MahaRERA so as to achieve speedy disposal of complaints.
A) once the first hearing is conducted in the complaint assigned before the conciliation bench, the hearing in such complaint should be completed within a period of 60 days from the date of first hearing.
B) if during the hearing of such complaint it is felt that the matter is not progressing towards settlement, then such complaints should be closed and referred back to MahaRERA within a period of 60 days.
C) In the event it is felt by the conciliation bench that the complaints are progressing towards settlement and the settlement terms cannot be finalised within the 60 days period referred to above then in such cases in the interest of the parties, hearing in such complaints could be taken up even after the expiry of 60 days. However, in such case it is necessary that an intimation in that regard is submitted to the secretary MahaRERA but complaints in any event should be heard and finalised within the extended period which should not be more than 30 days from the expiry of the 60 days period.
D) Complaints that have been conducted either as settled or failed should be referred to MahaRERA within a period of one week for taking appropriate decision on merits.
Also Read: Conciliation Bench of MahaRERA gets 60 days to solve Problems Between Builder and Homebuyers
