By Dr. Sanjay Caturvedi, LLB, Ph.D.
Whereas. the Chairperson. Maha RERA is vested with the powers of general superintendence and directions in the conduct of affairs of the Authority under section 25 of the Real Estate (Regulation and Development) Act. 2016 (RERA).
Whereas. Rule 6 of the Maharashtra Real Estate (Regulation and Development) (Recovery of Interest. Penalty. Compensation, Fine payable. Forms of Complaints and Appeal. etc.) Rules, 2017 read with Section 31 of RERA details the manner of filing complaints with MahaRERA and the manner of holding an enquiry by Maha RERA.
Therefore. it was felt necessary to lay down a standard operating procedure (SOP) for handling the complaints filed with Maha RERA.
This SOP shall be followed with immediate effect
Standard Operating Procedure for handling complaints against registered projects is annexed to this Circular as Part A and for Source Information on projects. which ought to have been registered but have not registered is annexed as Part B.
Standard Operating Procedure (S 0 P) for handling complaints against registered projects:-
|Complainant files complaint online through MahaRERA portal-hilpsfimahareraitmahaonline.00v irdlooin/Looin||Complaints can only be filed against registered projects by aggrieved persons having interest in the said registered project.|
|Step 2||Once complaint is received online. it is assigned automatically by the software to Chairperson. Member 1 and Member 2 respectively||Complaints can only be filed against registered projects by aggrieved persons having interest in the said registered project. Chairperson. Member 1 and Member 2 shall each be assigned a legal officer. Incase if a person seeks compensation, then as per sections 12.14. 18 and 19 of the Real Estate (Regulation and Development) Act, 2016. the case can be transferred to the adjudicating officer for hearing — If there are numerous complaints based on same facts and for same relief received against the same promoter, then these complaints can be clubbed and assigned to any one bench for hearing|
|Step 3||An email will be sent to the complainant notifying him/her about receipt of his/her complaint||The draft email is enclosed as Annexure 1. Along with the email, checklist (Annexure 2) shall also be sent to the complainant.|
|Complainant shall submit one hard copy of documents to the concerned MahaRERA office (Mumbai, Nagpur or Pune) along with declaration that copy of the Complaint has been duly served upon the respondent, within 45 days of filing of online complaint||The complaint shall be deemed to be received, only after these documents are received from the complainant The authority shall endeavor to hear and dispose of the complaint within 60 days. thereafter|
|Step 5||Complaint-related documents (hard copies) will be received on the rd floor of MahaRERA Mumbai office. Locations for Nagpur and Pune office to be decided in due course||The documents required to be submitted, along with the checklist, will be verified by the concerned receiving clerk The person who accepts the documents shall put up the same
before Legal MahaRERA for assignment.
|Step 6||First hearing date will be scheduled and communicated to the parties(complainant and respondent)by legal wing of MahaRERA||
|Step 7||After hearing, Ruling of the authority shall be uploaded and mailed to the parties||
|Step 8||In case, hearing is adjourned, step 6 and 7 shall be repeated|
Credits: Landmark Judgements of RERA (Book)