Maharashtra Real Estate Regulatory Authority
Date 08/11/2021
Circular No. 38/2021
No. MahaRERA/Secy/ File No. 27/239/2021
Sub: In the matter of functioning of MahaRERA Conciliation and Dispute Resolution Forum
Ref: 1) MahaRERA Circular No. 15/2018 dated 29.10.2018
2) MahaRERA Circular No. 31/2021 dated 18.05.2021
Whereas, the Hon’ble Chairperson, MahaRERA, is empowered with the power of general superintendence and direction in the conduct of the 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, MahaRERA has established the ‘MahaRERA Conciliation and Dispute 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 and disputes arising between the allottees/ promoter/real estate agents.
And whereas, by MahaRERA Circular No. 31/2021 dated 18.05.2021 the procedure for speedy disposal though MahaRERA Conciliation and Dispute Resolution Forum was prescribed.
And whereas, by MahaRERA Circular No. 31/2021 dated 18.05.2021 it has been prescribed that once complaints are assigned to the Conciliation Bench the concerned Conciliation Bench shall issue notice of first hearing to the parties within one week from the date of receipt of the complaint and the first hearing on such complaint should be conducted within 15 days.
And whereas, it has been noticed that after the first hearing at the complaint proceeding take a considerable long time to culminate either in segment or as failed mediation.
And whereas, it is felt necessary to further streamline the process of hearing/disposal of the complaints referred to MahaRERA Conciliation and Dispute Resolution Forum.
Hence, the following further procedure is prescribed in the matter of hearing to be conducted by the MahaRERA Conciliation and Dispute Resolution Forum in referred conciliation matters (online complaints) transferred by MahaRERA so as to achieve speedy disposal of complaints.
a) Once the first hearing is conducted in the complaint assigned before the Conciliation Bench, the hearing in such complaint should be completed within a period of 60 days from the date of first hearing.
b) If during the hearing of such compliant it is felt that the matter is not progressing towards settlement, then such complaint should be closed d referred back to MahaRERA within a period of 60 days.
c) In the event it is felt by the Conciliation Bench that the complaints are progressing towards settlement and that settlement terms cannot be flized within the 60 days’ period referred to above then in such cases in the in interest of the parties, hearing in such complaints could be taken up even after e expiry of 60 days. However, in such case it is necessary that an intimation in the regard is submitted to the Secretary, MahaRERA, but complaints in any event hould he heard and finalized within the extended period which should not be more than 30 days from the expiry of the 60 days’ period.
d) Complaints that have been concluded either as settled or failed should be referred to MahaRERA within a period of one week for taking appropriate decision on merits.
(As approved by the Hon’ble Chairperson, MahaRERA)
(Dr. Vasant Prabhu)
Secretary, MahaRERA
