MAHARASHTRA REAL ESTATI REGULATORY AUTHORITY
Date : 21/06/2021
Circular No. 34
No. MahaRERA,/Secy/File No.27/86/2021
Sub: Hearing of Complaints as Per Seniority’
Whereas, the Maharashtra Real Estate (Regulation and Development) Act, 2016 hereinafter referred to as ‘the Act’ was enacted so as to establish the Real Estate Regulatory Authority having amongst others some of its objectives as being, protection of the interest of the consumers in real estate sector and to establish adjudicating mechanism for speedy dispute redressal.
And whereas, Government of Maharashtra vide Notification No. 23 dated 08.03.2017 has established Maharashtra Real Estate Regulatory Authority (MahaRERA) with a view to ensure compliance and achieve the objectives of the Act.
And whereas Section 31 of the Act, enables any aggrieved person to file a complaint with MahaRERA for any violation or contravention of the provisions of the Act or the Rules and Regulations made thereunder.
And whereas Hon’ble Chairperson, MahaRERA is empowered with the powers of general superintendence and directions in the conduct of the affairs of the MahaRERA u/s 25 of the Act.
And whereas in the interest of justice, equity and good conscience, it is necessary that complaints filed u/s 31 of the Act are heard and disposed of on merits in accordance with and as per their seniority.
Hence, all complaints filed with MahaRERA shall be heard and decided on merits by the respective single benches of MahaRERA or the Adjudicating Officer as the case may be as per the seniority of the complaint which shall be decided as per the date of filing / registration of the complaint before MahaRERA except in the following cases:
(a) Where the complainant is suffering with serious life-threatening illness and an application in that regard is submitted along with Doctor’s certificate.
(b) Where a superior Forum / Tribunal / Court directs that the complaint is to be disposed of in a fixed time.
(c) Where complaints in respect of same project are clubbed together for hearing, then in that event seniority of the clubbed complaints shall be the date of filing / registration of the complaint filed first in point of time from amongst the clubbed complaints.
(d) Where disputes have been settled between the parties before the Conciliation Bench.
Besides the above if due to unavoidable circumstances or in special circumstances if the seniority of any complaint has to be changed, in that event, a proper reason / justification shall be submitted before the Hon’ble Chairperson, MahaRERA and only on approval of the Hon’ble Chairperson, MahaRERA, the seniority of such complaints could be changed.
All concerned shall adhere to the above guidelines and shall comply with the same.
(As approved by the Hon’ble Chairperson, MahaRERA)
(Dr. Vasant Prabhu)
Secretary, MahaRERA
