MahaRERA issues new guidelines to resolve buyer-builder disputes

13 Sep 2021 CW Team

The Maharashtra Real Estate Regulatory Authority (MahaRERA) secretary has issued new guidelines for the hearing of complaints filed before it to facilitate speedy dispute resolution between builders and home buyers.

According to the circular issued on Wednesday, parties to MahaRERA cases will not be allowed to request an adjournment of hearings more than twice, and excuses such as lawyers having another matter or not being prepared for the argument will not be accepted as justifications for adjournment.

MahaRERA hearings are reportedly delayed due to repeated adjournments, according to officials. The new guidelines against this will take effect immediately.

Maharashtra Real Estate (Regulation and Development) Act, Rule 6 Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaint and appeal, etc. The procedure for deciding complaints and how complaints are investigated are outlined in the 2017 Rules.

Another factor that stymies the adjudication mechanism in resolving disputes quickly is that documents relied on by parties in a complaint are not filed or made available to the adjudicating machinery.

An official told the media that, in light of the Covid-19 pandemic, it is necessary to reiterate the mode of hearing complaints, and thus MahaRERA has been forced to establish procedures for the grant of adjournments and the submission of documents.

The circular specifies that no party will be granted an adjournment more than twice, and no adjournment will be granted at the request of the party unless there are compelling circumstances or circumstances beyond the party's control.

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