The Government of Maharashtra established the Maharashtra Real Estate Regulatory Authority (MahaRERA) on 8 March 2017, for regulation and promotion of the real estate sector in the real estate sector in the state. ‘’ MahaRERA’’ has played a major role in giving confidence to the buyers by bringing transparency, accountability, discipline, speedy redressed of grievances and customer- centricity.
MahaRERA has also been instrumental in resolving grievances of buyers, awarding compensation for non-delivery/delay in delivery of projects, making builders disclose their company and project details, and building an ecosystem for overall transparency.
WHEN CAN A BUYER FILE COMPLAINT AGAINST A BUILDER?
RERA imposes several responsibilities and obligations on promoters;
- ‘’Registering the project with the authority;
- Obtaining the completion and occupancy certificates;
- Providing essential services, on reasonable charges, until the project is taken over by the allotters;
- Executing a registered conveyance deed within the prescribed period;
- Paying all outgoing until physical possession is transferred to the allottee;
- Not giving any false information in the advertisement or prospectus
- Not accepting a sum of more than ten percent of the advertisement as an advance payment without entering into a written agreement for sale;
- Not making any additions/ alterations in the sanctioned plans without the previous written consent of at least 2/3rd of the allottees;
- Obtaining insurance of the real estate project and title of the land and building;
- If the promoter fails to complete or is unable to give possession of the apartment as per as the Agreement for Sale and in case of allottee wishes to withdraw from the project, the promoter has to return the amount received by him with the interest (@ two percent above SBI’s marginal cost of lending rate) and the allottee does not want to withdraw from the project, the interest for every month of delay, till the handing over the possession;
- In case of any structural defect, or any other obligation of the promoter is brought to the notice of the promoter within five years by the allottee from the date of handing over possession, the promoter has to rectify such defects without further charge, within 30 days.
- An aggrieved allottee may file a complaint with the MahaRERA for violation of the aforesaid obligation and the other obligations as specified in the Act, rules and regulations made thereunder and in the Agreement for Sale.
How to File a Complaint?
- Step 1– Create a user account on the MahaRERA website: To file a complaint, buyer needs to visit site, https: // maharerait.mahaonline.gov.inOn the portal the buyer must click on the “new registration” to create by entering the necessary details;
- Step 2 – Create a profile: The buyer must log in to their user account and click on “My Profile “. Here’s, the must add the name, address, and contact details;
- Step 3 – Add the details of the complaint: Once the profile is created, the buyer must first check on “Complaint Details “tab and then click on “Add New Complaints “and fill in the details of the Complaint.
- Step 4 – Add the Details of the Complaint: The buyer must the click on “Add Complaints “and add the buyer’s details. The buyer must also state the nature of the Interest in the project;
- Step 5 – Add the Details the Respondent: Then buyer must click on the “Add Respondent “and then add the details of Respondent;
- Step 6 – Upload Documents: The buyer must the add a short description and upload the corresponding documents in respect of facts of the case and grounds for the complaint
- (A) The Description should not exceed 250 words);
- ( B) Final reliefs sought (The Description should not exceed 100words), and
- (C) Interim reliefs sought (the description should not exceed 100 words). There is no limit on the number of documents that can be uploaded; however, the size of each document must not exceed 1MB;
- Step 7 – Declaration: Once the documents are uploaded, the next step is to sign off on the digital declaration;
- Step 8 – Payment of the Fees: Once all over the other steps are completed, the buyer is required to click on “Payment Tab”. The fee for filling a complaint is Rs.5, 000. Once the fee is paid, the buyer will receive an email from MahaRERA acknowledging that the complaint has been registered.
HOW ARE CASES RESOLVED
MahaReRa has issued an SOP for handling complaints,
- Step 1 – Once the complaint is received and the requisite fee is paid, the complaint is assigned to the chairman or the other members of MahaReRa. If the complaint involves a plea for compensation under sections 12 (promoters’ obligation not to make false advertisements). 14 (adherence to sanctioned plans). 18 (promoters’ obligation to refund amounts and provide compensation), and 19(rights and liabilities of allottees) of the Act, the complaint may be transferred to the adjudicating officer for hearing. Where there are numerous complaints based on some facts and for the same relief received against the same builder, these complaints are clubbed and assigned to a single IDs;
- Step 2 – The Legal wing of MahaReRa will schedule the first hearing date and the communicate it to the parties on the registered email IDs;
- Step 3 – Once the pleadings are complete, the MahaReRa will hear the parties;
- Step 4 – During the hearing if MahaRERA fells there is a possibility of settlement by the way of conciliation, it may refer the complaint to a designated bench of the conciliation Forum after receiving the consent of the parties of MahaRERA will also provide a timeline within which the conciliation proceedings are to be concluded and a report is to be to be submitted by the conciliation forum to it ( if either party does not proceedings before the conciliation or the conciliation is unsuccessful, the conciliation forum may refer the case back to MahaRERA will follow step ).
- Step 5 – Where the parties do not consent for conciliation or the conciliation proceedings fall, MahaRERA will hear both parties and once such hearing are complete and then both the parties have an opportunity to present their case, MahaRERA will pass on order and upload it on line.