MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Date: 23rd October, 2019
MahaRERA Order No: 11
Subject: Further directions w.r.t filing of complaints with MahaRERA
Whereas Maharashtra Real Estate Regulatory Authority (MahaRERA) had issued Circular No: 09/2017 dated 24th July 2017 and Circular No: 18/2018 dated 17th July 2018 laying down SOP for handling complaints against registered projects.
Whereas based on experience of MahaRERA over past two years, it is felt necessary to issue necessary directions regarding filing of complaints, which shall be followed with immediate effect:
1. When a complaint is being lodged for seeking individual relief, the aggrieved person must provide for following details as part of the Complaint:
For a failure to do so, MahaRERA may treat the said complaint as not maintainable.
2. Group complaints shall be entertained only in respect of common relief claimed under Section 7 & 8 of RERA or for common
3. individual complaint need to be filed separately for individual reliefs. Otherwise they will be held not maintainable for misjoinder for cause of action and parties.
4. The complaints should be filed with MahaRERA, in accordance with Section 31 of the Real Estate (Development and Regulation) Act, 2016 read with rule 6 and 7 of The Maharashtra Real Estate (Regulation & Development) (Recovery of Interest, Penalty, Compensation, fine payable, Forms of Complaints and Appeal etc.) Rules, 2017 and the Regulations, Orders and Circular made thereunder.
5. MahaRERA shall issue certified copies of public documents only which are in its custody. No true copies of the documents will be issued, as copy of copy is not permissible. For Photostat copies of other documents which are placed on record by parties, with endorsement “True Copy”, it is necessary for the concerned party to compare the said Photostat copy with the original and then endorse as “Sell-certified Copy”.
6. The Hon’ble Bombay High Court has framed the rules regarding service of notices by email. The rules indicate that if the notices served then the report of service of the notice is generated by the computer system and if it is not served on the party the report to that effect is also generated by the system. In MahaRERA, notices for hearing are sent online to the registered e-mail addresses logged with the MahaRERA system. Once the said information is reflected on the dashboard of the parties, the notices would be deemed to have been served upon the parties. Therefore, Complainants and Promoter Respondents are requested to monitor their online Dashboards on regular basis to check for progress of complaint including hearing dates, interim orders, final orders among others.
As approved by Authority
(Dr. Vasant Prabhu)
Secretary, Maha RERA