Maharashtra RERA: Priority Guidelines for Complaints

The government of Maharashtra established Maharashtra Real Estate Regulatory Authority (MahaRERA), vide Notification No. 23 dated 8 March 2017, for regulation and promotion of real estate sector in the State of Maharashtra.  

RERA was enacted with the objective of safeguarding homebuyers’ interests and fostering greater transparency within the real estate ecosystem. Under this framework, homebuyers are empowered to file complaints against builders for issues such as poor construction quality, unreasonable charges, delays in possession, or any other breach relating to the construction or delivery of the project they have invested in. 

The Real Estate Regulatory Authority (RERA) is constituted by every state and union territory to regulate the real estate sector and address project-related grievances. The Authority is empowered to hear and resolve complaints concerning real estate projects. While filing a complaint was previously a cumbersome process, the introduction of online complaint filing has significantly simplified it for homebuyers and other stakeholders. A RERA complaint can be filed by homebuyers, investors, owners’ associations, or any other aggrieved person seeking redressal. 

After a complaint is filed with RERA, the Authority issues a notice to the builder or promoter against whom the complaint has been lodged. It is crucial for the complainant to respond promptly and provide all necessary information, documents, and evidence as required. The Adjudicating Officer then reviews the submissions and arguments from both sides before issuing an order, which may include compensation, refund, or penalties on the promoter if found guilty. 

MahaRERA has also identified seven specific circumstances under which a complaint may be given priority, such as: 

• Life-threatening illness 
• Review, rectification, or non-compliance of previous orders 
• Directions issued by the Appellate Tribunal or a higher court 
• Mutual settlement between parties 
• Withdrawal of complaints 
• Issues regarding maintainability 
• Multiple complaints concerning the same project 

Consumers and promoters commonly approach RERA with complaints relating to delayed possession, construction defects, lack of promised amenities, or failure to register a project. The Authority allows priority hearings in certain cases for instance, when a complainant is suffering from a serious long-term illness and submits a valid medical certificate for consideration. RERA evaluates such requests and decides whether the matter should be fast-tracked. 

Conclusion

MahaRERA ensures a balanced and accountable ecosystem by empowering not only consumers but also promoters to seek redressal. Developers may file complaints when buyers fail to make agreed payments or create unwarranted obstacles in the progress of the project. This dual framework strengthens transparency, encourages responsible conduct from all parties, and promotes smoother execution of real estate projects.