By Varun Singh

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has come up with a new circular.

The circular has set a deadline and time frame for problems to be resolved via conciliation.

The circular states, ‘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.

Experts Speak:
“Prior to this Circular some crook developers were buying time by taking adjournments and using other tactics in the hearing before MahaRERA Conciliation and Disputes Forum, as no fixed timeline was set to complete the hearings. But now by this Circular the MahaRERA has fixed 60 days timeline for completion of hearing, which can further be increased by maximum 30 days. This circular will further streamline the process of hearing/disposal of the complaints referred to MahaRERA Conciliation and Disputes Forum,” said Adv Sunil Kewalramani.

Also Read: Vicky Kaushal rents a flat in Juhu, the deposit he paid can get you an awesome Home in Mumbai

The post Conciliation Bench of MahaRERA gets 60 days to solve Problems Between Builder and Homebuyers appeared first on Square Feat India.

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.

Also Read: 118 MahaRERA Projects See A Change Of Promoter

The post Read How MahaRERA Decides Seniority of Complaints appeared first on Square Feat India.

By Varun Singh

Ranjana (name changed) a widow approached the conciliation forum of MahaRERA.

Ranjana approached the forum for cancellation and refund along with compensation because of delayed possession.

The homebuyer had lost her husband a few months ago and was struggling to meet daily expenses.

The widow had already paid Rs 1.2 crore to the builder and was no able to pay the home loan installments.

On the top of that, because the project was delayed, the widow had to stay on rent.

The project was taken over by another developer.

During the conciliation the conciliation bench comprising of Shirish Mulekar and Amar Manjarekar explained all the pros and cons of retaining the flat.

Finally Ranjana (widow) agreed to it and the developer apart from offering compensation and reworking on her home loan by dealing with the banker so that she won’t have to pay any more EMI.

The builder also promised to help her in sale of her flat.

Ranajan had never imagined the she would ever get such a solution.

According to the conciliation forum Ranjana left with tears of happiner in her eyes.

Sirish Deshpande, Chairman, Mumbai Grahak Panchayat, said, “We had 3rd Anniversary of MahaRERA Conciliation. New MahaRERA Chief Ajoy Mehta & former Chairman Gautam Chatterjee released this E-booklet. On this occasion both of them addressed all Conciliators from MMRDA Region.”

The new MahaRERA Chairman agreed to our suggestion to create widespread awareness about success and benefits of MahaRERA Conciliation. MahaRERA Conciliation Forum has proved to be a Role Model for other state RERAs to follow.

Sirish Deshpande, Chairman, Mumbai Grahak Panchayat

Also Read: MahaRERA Has Passed Order In 749 Complaints Against Un-registered Projects Of The 755 Complaints It Received

The post Widow & Builder Settle Their Matter Via Conciliation appeared first on Square Feat India.