This move aims to bring greater clarity and fairness to the complaint resolution process, ensuring that cases are addressed in a timely and orderly manner.  

However, MahaRERA has outlined several exceptions to this seniority rule. These exceptions include:  

• Cases where the complainant is suffering from a serious, life-threatening illness.  
• Complaints related to review/rectification of orders or non-compliance of orders.  
• Complaints with specific directives from the Appellate Tribunal/Court, such as those requiring disposal within a fixed timeframe or remanded for a fresh hearing.  
• Situations where disputes have been settled between the involved parties, either through conciliation or after the complaint was filed.  
• Cases where the complainant wishes to withdraw their complaint.  
• Cases where the maintainability of the complaint is in question.  
• Instances where multiple complaints concerning the same project are grouped together for hearing. In such cases, the seniority will be determined by the earliest filing date among the combined complaints.  

The circular also states that in unavoidable or special circumstances, the seniority of a complaint can be altered, but only with the explicit approval of the Hon’ble Chairperson of MahaRERA, and with proper justification provided.  

This new circular supersedes MahaRERA Circular No. 34, dated June 21, 2021, and is effective immediately. MahaRERA has directed all relevant parties to adhere to and comply with these updated guidelines.  

This regulatory update is expected to streamline the complaint resolution process and reinforce MahaRERA’s commitment to protecting the interests of consumers in the real estate sector.

Also Read: MahaRERA: Steps To File A Complaint.

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The initial circulars, dated June 4, 2019, and July 23, 2021, outlined revised procedures for transferring or assigning a promoter’s rights and liabilities to a third party. The “Explanation” section of these circulars indicated that changes in internal shareholding or the organizational structure of a promoter—which do not impact obligations to allottees—would not require approval. This includes conversions of partnership firms to LLPs, transformations of private companies to LLPs, and changes in proprietorship through succession.

However, some promoters have sought further clarification, insisting that these changes should allow for corrections in the project records without needing approval from MahaRERA.

In response, MahaRERA emphasized that the phrase “shall not require the aforementioned approvals” means that the requirement for prior written consent from two-thirds of allottees does not apply in these cases. This interpretation clarifies that the changes outlined do not constitute a transfer of the real estate project to a third party, thus alleviating the need for extensive approval processes.

MahaRERA stated, “In instances referred to under the caption ‘Explanation,’ relevant documents and particulars must be submitted, duly signed by the incoming promoter, without the need for allottee consent.”

This move is expected to facilitate smoother transitions for promoters undergoing organizational changes while ensuring that the rights of allottees remain protected. The authority’s clarification aims to enhance operational efficiency within the real estate sector, aligning with the mandates of the Real Estate (Regulation and Development) Act, 2016.

As the real estate landscape continues to evolve, MahaRERA’s proactive approach in clarifying these processes underscores its commitment to fostering a transparent and efficient regulatory environment for all stakeholders.

Also Read: After a Decade of Waiting, MahaRERA Orders Homebuyer to Settle Remaining Payment for Flat Booking

The post MahaRERA Clarifies Approval Process for Promoter Rights and Liabilities appeared first on Square Feat India.

Of the 5,958 total cases, 1,749 have been settled amicably, benefiting 32.36% of homebuyers in a time-bound manner. The success of the Conciliation Forums has led to their establishment in several other states, including Gujarat, Uttar Pradesh, Haryana, Bihar, Madhya Pradesh, Rajasthan, and Telangana, with additional states in discussions to learn from MahaRERA’s initiative.

Initially limited to Mumbai and Pune, the reach of these forums is expanding to include Kalyan, Navi Mumbai, Palghar, Raigad, Vasai, Mira Road, and more. The Mumbai forum has resolved 562 complaints, while Pune has addressed 530. Other forums in Thane, Navi Mumbai, and Palghar have also contributed to the initiative’s success.

At the first hearing, complainants are presented with the option to resolve their issues through the Conciliation Forum, ensuring their rights remain protected. Participation in these forums involves representatives from consumer bodies and self-regulatory organizations, with experienced experts facilitating the discussions. Complainants can also seek legal assistance if desired.

The Conciliation Forums are required to reach decisions within 60 days, or 90 days in exceptional circumstances. Resolutions are only finalized when both the complainant and the respondent agree on the settlement terms. If the terms are not fulfilled, the complainant retains the right to seek further recourse from MahaRERA, which will then hear the case based on its original merits.

MahaRERA Chairman Manoj Saunik stated, “We take every effort to proactively resolve various types of complaints received from homebuyers. During the first hearing of the case, the complainant is provided with the alternative to opt for a resolution through the Conciliation Forum, which is adopted only if both parties agree. If the complainant consents, their grievance can be resolved within 60 days or, in exceptional circumstances, within 90 days. In case of a deadlock, the complainant always has the option to reapproach MahaRERA, ensuring that the rights and merits of the case remain intact. The flexibility provided by the Conciliation Forum has significantly increased its popularity among homebuyers.”

This homebuyer-centric approach continues to enhance the response rate for the Conciliation Forums, particularly among flat purchasers.

Also Read: MahaRERA Temporarily Reverts to Old Website Amid Technical Challenges

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