MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Order No. 22/2021
No. MahaRERA/Secy/File No. 27/185/2021
Sub: Roznama and next date of hearing in complaints.
Whereas, the Maharashtra Real Estate (Regulation and Development) Act, 2016 (the Act) was enacted so as to establish the Real Estate Regulation Authority having amongst others, one of its objectives as being to establish an adjudicating mechanism for speedy dispute redressal.
And whereas, Government of Maharashtra vide Notification No. 23 dated 08.03.2017 has established the Maharashtra Real Estate Regulatory Authority (MahaRERA) with a view to 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, sub-section (2) of Section 38 of the Act states that MahaRERA shall be guided by the principles of natural justice and subject to the other provisions of the Act and the rules made thereunder, MahaRERA shall have to powers to regulate its own procedure.
And whereas, Rule 6 and Rule 7 of the Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaint and appeal, etc.) Rules 2017, (the Rules) stipulates the procedure that MahaRERA and Adjudicating Officer should follow, for the purpose of deciding complaints and the manner of holding of inquiry in the complaints as filed.
And whereas, by Circular No. 31/2021 dated 18.05.2021, the guidelines for functioning of MahaRERA Conciliation and Dispute Resolution Forum (Conciliation Bench) has been prescribed.
And whereas, inspite of the procedure for the purpose of deciding complaints and the manner of holding of enquiry in the complaints as filed have been detailed out under Rules 6 & 7 of the Rules by MahaRERA and Adjudicating Officer as well as the guidelines for functioning of MahaRERA Conciliation Bench, it is necessary to issue the following order in the matter of writing of the “roznama” and giving the “next date” in the complaints, so that there is no cause for any grievance from the respective parties appearing in the complaints.
(a) Roznama in the complaints shall be dictated by the respective Bench of MahaRERA, the Adjudicating Officer and the Conciliation Bench in open court.
(b) The next date of hearing of the complaint shall be recorded in the roznama.
(c) Only in complaints that are closed for final orders, the roznama may not record the next date.
The above order shall come into force with immediate effect.
(By the Order of the Authority)
(Dr. Vasant Prabhu)