MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Circular No :- 31/2021
No. MahaRERA,/Secyi File No.27/48/2021
Sub – Guidelines for functioning of MahaRERA Conciliation and Dispute Resolution Forum.
Ref 1) MahaRERA Circular No. 15/2018 dated 29-01-2018.
2) MahaRERA Order No. 6/18 dated 29-11-2018.
And whereas the Hon’ble Chairperson, MahaRERA; is empowered with the power of general superintendence and direction in the conduct of affairs of the Authority under Section 25 of Real Estate (Regulation and Development) Act, 2016 (RERA);
And whereas as per Section 32 (g) of the Real Estate (Regulation and Development) Act, 2016, to facilitate amicable conciliation of disputes between promoters and the allottees through dispute settlement forums set up by the consumer or promoter associations, the MahaRERA has established the MahaRERA Conciliation and Disputes Resolution Forum’ vide Circular No. 15/2018 dated 29-01-2018 to ensure speedy disposal of the complaints and also to promote and popularize amicable and effective settlement of disputes arising between the allottees/promoter/ real estate agents.
And whereas pursuant thereto, number of online complaints filed before MahaRERA have been referred to MahaRERA Conciliation and Disputes Resolution Forum, to achieve the object of section 32(g) of the RERA.
And whereas, it is felt necessary to streamline the process of hearing /disposal of the complaints referred to MahaRERA Conciliation and Disputes Resolution Forum, for which the procedural guidelines should be prescribed by the MahaRERA for hearing of complaints referred by MahaRERA (Referred Conciliation matters).
Hence, the following procedure is prescribed for hearing to be conducted by the MahaRERA Conciliation and Disputes Resolution Forum in referred conciliation matters (online complaints) transferred by MahaRERA:
a) Once the complaints are referred to Conciliation Forum by MahaRERA, the office bearers of the Conciliation Forum should first scrutinize the seniority of the said complaints and thereafter keeping its seniority intact, assign/distribute those complaints to the concerned functional Conciliation Benches. The assignment of not more than 10 complaints can be done at the initial stage.
b) Once the matters are assigned to the bench, the concerned Conciliation bench shall issue notice of first hearing to the parties within a period of one week from the date of receipt of such assignment and the first hearing on such complaints should be conducted at least within 15 days. Only after disposal of the assigned complaints, next lot of 10 complaints can be assigned to the conciliation bench.
c) In referred conciliation complaints all parties will be at_liberty to be represented through advocates / authorized representatives, before the Conciliation Forum.
d) In the referred conciliation matters, if the parties arrive at any mutual agreement, in that event, the concerned Bench should record the said proceeding in the Roznama and should refer such complaints to MahaRERA within a period of one week together duly with signed conciliation terms. After placing such matters before the MahaRERA and only after passing final order by MahaRERA, the said complaint will be treated as closed/finally disposed of.
e) If the conciliation between the parties fails, in that event, such complaints be transferred back to MahaRERA within a period of one week for taking appropriate decision on merits.
The aforesaid procedure should be followed scrupulously by the office bearers and all the benches of Conciliation Forum to ensure timely / speedy disposal of complaints assigned to them.
(As approved by the Hon’ble Chairperson, MahaRERA)
(Dr. Vasant Prabhu)