To resolve homebuyers grievances, the Maharashtra Real Estate Regulatory Authority (MahaRERA) in August last year had directed the developers to set up a “Complaint Redressal Cell” for their respective projects. A review of the directive was done and it was found that only 195 across Maharashtra have set up such a cell and posted the details on their website. To ensure compliance of the directive, MahaRERA has taken cognisance of the same to ensure establishment of “Complaint Redressal Cell” in all the projects.

Usually, during the initial phase of home buying, there are multiple avenues from the developer’s end, including the marketing team, to provide project related information either on its website or in person. However, many projects do not specify who a homebuyer should contact if there is any complaint or a challenge after the entire project is sold off. As a result, the flat purchaser faces difficulties in getting their complaints resolved promptly, leading to misunderstandings and grievances even after project’s completion. This lack of communication can have a bearing on the project’s timeline. Considering this fact, MahaRERA expects the developers to set up a “Complaint Redressal Cell” for their respective projects to resolve homebuyers grievances. As per the circular, Cell should have at least one Complaint Redressal Officer dedicated towards this work. This person’s name and contact details should be prominently displayed at the project’s site.

It should have at least one Grievance Redressal Officer dedicated to this task, and their name, contact details, at project site should be clearly displayed. Apart from this, MahaRERA has also ensured that this information is readily available on the project’s website.

Dedicated Complaint Redressal Cells will help the complainant to get timely access to official and credible information. Additionally, if the developer puts up details of the total number of complaints received and redressed, the project’s credibility will get elevated.

Setting up of Complaint Redressal Cells is the need of the hour for prompt redressal of homebuyer’s grievances, and to give them the confidence that their investment is protected and secure. This will further elevate the real estate sector’s credibility and MahaRERA is committed towards the same.

Ajoy Mehta, Chairman MahaRERA said, “The establishment of trust in the service sector is necessary for the growth of business. So far, the construction sector has only been recognised as a product sector. Now it has started to grow as a service sector. In such a case, it is the need of the hour to have a grievance redressal mechanism in place. MahaRERA has given instructions to establish a grievance redressal cell in every project and has asked the stakeholders to take prompt action to further the sector’s credibility.”

Also Read: MahaRERA urges homebuyers to be cautious while investing in any of these projects

The post In Maha only 195 projects have established grievance redressal cell appeared first on Square Feat India.

In some other places developers are coming forward to pay these compensation amounts or settle the issue of compensation by compromising with the concerned consumers to avoid forfeiture of their income. In this manner, Rs 4.71 Crore have been recovered out of the amount ordered by MahaRERA for compensation to 8 out of 11 consumers in Nagpur.

Nagpur City Tehsildar Office has begun the process of sealing the bank account of Hagwood Commercial Developers Pvt. Ltd. for recovery of the amount. As a result, this amount has been recovered. MahaRERA has so far issued 1,053 warrants for recovery of damages amounting to Rs 627.70 crore.

Out of these, MahaRERA has so far been able to recover an amount of Rs 133.56 crore against 190 warrants. MahaRERA is continuously trying to recover the remaining amount. In this, 18 consumers from 6 projects in Nagpur area were expected to get compensation of Rs. 10.03 crores. Out of which compensation of Rs. 4.71 crores has been recovered, making it easier for the affected customers to get compensation.

MahaRERA is trying its best to ensure effective implementation of orders passed by MahaRERA regarding payment of interest/damages/refunds by holding hearings from time to time. Also MahaRERA is committed to further strengthen and empower this particular regulatory mechanism.

Also Read: Indian real estate poised for growth with potential access to untappeddomestic institutional capital

The post Rs 4.71 Cr Recovered from a developer as compensation appeared first on Square Feat India.

By Varun Singh

Maharashtra Real Estate (Regulation and Development) Act, 2016 (MahaRERA) has been established to adjudicate and for speedy dispute redressal.

Section 31 of the Act, enables any aggrieved person to file a complaint with MahaRERA, for any violation or contravention of the provisions of the Act or the rules and regulations.

MahaRERA shall be guided by the principles of natural justice and subject to the other provisions of the Act and the rules made thereunder, the MahaRERA shall have powers to regulate its own procedure.

The authority noticed that the objective of the Act of having an adjudicating mechanism for speedy dispute redressal is not achieved in letter and spirit.

Another aspect the circular issued by the authority states, that there is another factor that retards/slows down the adjudication mechanism in speedy dispute redressal namely that documents on which parties rely upon/ place reliance in a complaint as filed is/are not uploaded/not made available to the adjudicating machinery.

Considering that Coronavirus (COVID-19) continues to remain a major public health hazard it is necessary to reiterate the mode of hearing of Complaints.

In view of these aspects MahaRERA has laid down procedure in the matter of grant of adjournments when complaints are listed for hearings before the respective Bench of MahaRERA as well as in the matter of submission of documents on which parties rely upon/ place reliance in the complaints as filed and the mode of hearing of complaints:

Adjournments:
(a) No adjournment shall be granted more than two times to a Party.
(b) No adjournment shall be granted at the request of the party except where there is/ are compelling circumstances or where circumstances are beyond the control of the party.
(c) The fact that the legal practitioner is engaged in another court shall not be a ground for adjournment.
(d) Where the illness of a legal practitioner is put forward as a ground for
adjournment, no adjournment shall be granted unless the party applying for adjournment is able to satisfactorily explain that it could not have engaged another legal practitioner in time.
(e) Excuses such as (i) “l have been briefed in the matter recently/ yesterday
in the morning” or (ii) “I am not prepared/ready with the arguments in the
matter” or for such other reasons, shall be no grounds for adjournment.
(f) Where sufficient cause is not shown for grant of adjournment, hearing of the complaints shall be proceeded with.

Submission of Convenience Document set
(a) In addition to the Complainant and Respondent filing / uploading his/her complaint reply/written submission/ written arguments/rejoinders/
synopsis as the case may be and uploading the documents on which reliance is placed in the matter, a hard copy of a “Convenience Document” shall also be submitted. This would be a set consisting of not more than 20 Pages, ie only the relevant pages of the documents required / necessary for deciding the issues raised in the complaints along with the copy of the
complaint / reply / written submission / written arguments/rejoinders / synopsis shall be submitted at the head office of MahaRERA situated at 6th and 7th floor, House Fin Bhavan, Plot No. C-21, E-Block, Bandra- Kurla Complex, Bandra (East), Mumbai- 400051.
(b) The first document, in the “Convenience Document” set, shall be the
Vakalatnama or the Authority Letter indicating that the complainant has
authorized the person named in the said document to plead his/her case.
(c) The above shalt be applicable to all complaints ie old complaints filed as
well as new complaints when filed.
(d) Hard copies of the “Convenience Document” set shall be indexed and
paginated and submitted at the address given in 2(a), at least 1 week before the complaint is listed for hearing.
(e) The “Convenience Document” shall be referred to by the party in person, chartered accountant, company secretary, cost accountant, legal practitioner/ counsel while relying on documents, during arguments.
(f) The last two lines in the column “Description” at “Step 1” and “Step 2” under the column “Steps” at “Annexure A – Standard Operating Procedure for online hearing through video conferencing” in Circular No. 27/2020 dated June 12, 2020 shall be replaced with what is stated in Clause 2(a) above.

Mode of Hearing of Complaints:
(a) Hearing of Complaints shall continue online through video conferencing
(b) Only in cases where the respective bench of MahaRERA is of the opinion that in a given complaint, physical hearing is necessary for the purposes of deciding the said complaint then in that event of hearing of such complaint/s shall be taken up in physical hearing subject to all concerned ie. the parties appearing in person and / or the authorized representative representing the parties in the complaints following the Covid 19 norms as prescribed by Government of India/ State of Maharashtra.

Also Read: Next MahaRERA Date to be Announced in Open Court

The post This is how MahaRERA plans to deliver Justice fast appeared first on Square Feat India.