Introduction: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has long been at the forefront of ensuring a transparent and efficient real estate sector in the state. In a recent circular, MahaRERA has underscored the importance of timely grievance redressal for home buyers and allottees. Let’s delve deep into the circular to understand its implications.
Background of the Initiative: The Government of India introduced the Real Estate (Regulation and Development) Act in 2016, which has been in force since May 2017. Subsequently, the Government of Maharashtra established the Maharashtra Real Estate Regulatory Authority (MahaRERA) through a notification in March 2017. This body has the authority to lay down regulations and guidelines to better the real estate sector in Maharashtra.
Why the New Directive? Feedback suggested that quicker grievance redressal mechanisms were needed for allottees, preventing problems from escalating. The MahaRERA found that home buyers often faced difficulties post-sales, as the sales personnel weren’t equipped to manage post-sale issues. This gap resulted in delays and increased complexities for home buyers.
Recommendations by MahaRERA: MahaRERA’s new directive revolves around these key recommendations:
- Establishment of a Dedicated Cell: Each promoter should strive to create a Home Buyer/Allottee Grievance Redressal Cell. This cell should primarily address complaints, ensuring they’re resolved both fairly and promptly.
- Presence of a Grievance Redressal Officer: Each grievance cell should have, at a minimum, one officer in charge. The contact details of this officer should be readily available, preferably on the promoter’s webpage, for easy accessibility by home buyers.
- Transparency in Grievance Addressal: Promoters must disclose on their webpages both the number of grievances they’ve received and how many they’ve resolved.
- Significance in MahaRERA Grading: The presence of a dedicated grievance redressal cell will be a consideration when MahaRERA undertakes grading of real estate projects.
Concluding Remarks: The introduction of the Home Buyer/Allottee Grievance Redressal Cell signifies MahaRERA’s continued commitment to improving the real estate sector’s customer-centric approach. The move aims to address concerns more efficiently, ultimately leading to heightened satisfaction among home buyers and allottees. The future of Maharashtra’s real estate sector seems to be moving towards more transparency, trust, and buyer-centricity, thanks to such initiatives.
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MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
No. MahaRERA/Secy/File No.27/114/2023
Circular No. 45/2023, Date: 24/08/2023
Subject: Establishing of a home buyer / allottee Grievance Redressal Cell.
Whereas, Government of India has enacted the Real Estate (Regulation and Development) Act, 2016 (the Act) and all sections of the Act have come into force with effect from 01.05.2017.
And whereas, the Government of Maharashtra vide Notification No. 23 dated 08.03.2017 has established the Maharashtra Real Estate Regulatory Authority, hereinafter referred to as “MahaRERA” or as “the Authority”.
And whereas, the Authority has notified the Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017 (Regulations) to carry out the purposes of the Act.
And whereas, the Authority under Section 37 of the Act, and Regulation 38 of the Regulations is vested with the powers to issue directions to promoters, real estate agents and allottees from time to time as it may consider necessary.
And whereas, the Chairperson, MahaRERA is vested with the powers of general superintendence and directions in the conduct of the affairs of MahaRERA under Section 25 of the Act.
And whereas, the provisions of the Act, focuses on facilitating growth and promotion of a healthy, transparent, efficient and competitive real estate sector to protect the interest of home buyers / allottees and ensuring speedy dispute redressal.
And whereas, MahaRERA has been receiving feedback that grievances of allottees could be resolved faster and prevented from escalation if an appropriate grievance redressal mechanism is established by every promoter. And whereas, it is come to the notice of MahaRERA that many a times home buyers / allottees encounter difficulties in redressal of issues / grievances as to who should be approached at the office of the promoters, as the sales staff, who were the primary point of contact during the pre-sales phase, do not participate in such dispute redressal as they are not equipped to handle post-sales issues effectively.
In view of the above it is considered necessary and essential to address and resolve issues / grievances that arise at the earliest possible stage to prevent them from escalating into more significant disputes that may affect the completion of the real estate project.
MahaRERA therefore, recommends that:
- Home buyer / Allottee Grievance Redressal Cell: Every promoter should endeavor to establish a Home Buyer /Allottee Grievance Redressal Cell that would be responsible for receiving and promptly addressing complaints/ grievances of home buyers / allottees with specific emphasis on resolving such complaints fairly and expeditiously.
- Every such Grievance Redressal Cell should have at least one Grievance Redressal Officer, and the name and contact details of such Officer should be made available to home buyers / allottees. MahaRERA suggests uploading of the above information on promoter webpage for convenient access by the home buyers / allottees.
- Every promoter shall also make available on promoter webpage the total number of complaints / grievances received and the number of complaints / grievances disposed of as settled.
- The above aspect of promoter having established a Grievance Redressal Cell for receiving and promptly addressing complaints / grievances of home buyers / allottees shall be considered by MahaRERA when grading of real estate projects shall be undertaken by MahaRERA.
Implementation of these recommendations shall facilitate growth and promotion of a healthy, transparent, and competitive real estate sector that can improve its customer centricity and resolve home buyers / allottees concerns more efficiently and effectively, leading to greater satisfaction amongst home buyers / allottees.
(As approved by the Authority)
(Dr. Vasant Prabhu)
Secretary/ MahaRERA
