As the Real Estate (Regulation and Development) Act 2016 came into force on May 1, 2017, Maharashtra became one of the first states to apprise the rules and launched MahaRERA.
Ever since its establishment, RERA is receiving numerous complaints against the builders. The number of complaints has been rising and thus, MahaRERA (The Maharashtra Real Estate Regulatory Authority) is now forming 15 conciliation committees to look into the issues and resolving them as quick as possible. Only the issues that are beyond the intervention of MahaRERA will be left unresolved.
Each committee will comprise two members only – the first one will be representing the realty developers while the other one will be representing the homebuyers and will be from the consumer forum.
Further, the teams will be divided into two (10+5). Where 10 of the conciliation teams will be allocated Mumbai Metropolitan Region (MMR) cases, the rest 5 of the teams will be allocated the cases from Pune real estate.
To this, MahaRERA chairperson Gautam Chatterjee said that they are about to set up the propitiation teams for MMR and Pune only for the reason that they have been receiving complaints in bulk for the projects introduced in these two regions of Maharashtra. In case of any requirement in future, the same team will be divided further to entertain the complaints from other regions as well (Information Source: ET).
The complaints are raised by the homebuyers or builders will be entertained by the body directly and no intermediatory body is required between the committees and the complainants. The body will work as a funnel to filter out the issues that can be resolved under the jurisdiction of MahaRERA. The decision of MahaRERA will be considered as a final one. However, in case, any of the parties does not find the decision right enough to satisfy their condition, they can carry the case forward whilst appealing in the high court.
The benches are to be formed mainly by the bodies including members of the associations of the realty developers taking in pan-India bodies such as NAREDCO (National Real Estate Developers Council) and CREDAI (Confederation of Real Estate Developers Association of India. The state level body MCHI (Maharashtra Chamber of Housing Industry) will remain an exception. On the other side, representing the homebuyers, the members from the department of consumer affairs- MGP (Mumbai Grahak Panchayat) will be the part of the bench.
The President of MGP, Shirish Deshpande shares his view explaining that the process is on the way and they are planning to set up an Alternate Dispute Resolution mechanism by the means of forming these conciliation teams. He also confirmed that the operations are most likely to start from January 2018.
The consensus will be resolving the complaints lodged against builders. In case of the absence of the consensus, the homebuyers are free to file the case against developers in MahaRERA.
The pivotal role of RERA had been to resolve the issues of homebuyers as created by the builders. The lower quality, false promises, delay in-possession, high-interest rate value and super built-up area are the major areas of concern.
The authority is at its best in hearing and resolving the cases as fast as they can. On the hand, many complainants were found withdrawing their complaints due to their agreement on one common point as put forward by the consensus. However, it has been noticed that many of the complaints are finally withdrawn after the complainant and respondent reached an agreement. The consensus has helped the authority to entertain the cases that are entangled and high-end ones instead of small cases that could have been resolved easily.