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The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued fresh directives, replacing its earlier guidelines, for handling complaints under Section 31 of the RERA Act. Complaints will now be heard strictly based on their date of filing, except in exceptional cases like serious illness, court directives, settlements, or withdrawal of complaints. The updated framework aims to promote fairness, ensure quicker redressal, and reinforce transparency in dispute resolution within the real estate sector. The new circular has come into immediate effect, superseding the earlier one issued in 2021.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a new circular revising its approach to hearing complaints. The circular focuses on ensuring a structured, fair, and transparent redressal process. This move supersedes the earlier guidelines laid down in Circular No. 34, issued in 2021. Advertisement
The Real Estate (Regulation and Development) Act, 2016, was introduced to protect consumer interests and establish an adjudicating mechanism for swift dispute resolution. Following this, the Maharashtra government formally established MahaRERA through a notification issued in March 2017. To implement the Act's provisions effectively, the state further framed the Maharashtra Real Estate Rules, 2017, and the General Regulations, 2017.
Under Section 37 of the Act and Regulation 38 of the Regulations, MahaRERA holds the authority to issue directions to promoters, real estate agents, and allottees. Additionally, the Hon'ble Chairperson of MahaRERA, under Section 25, retains powers of general superintendence over the Authority's affairs. Section 31 empowers any aggrieved person to file a complaint concerning violations under the Act or its associated rules.
Earlier, MahaRERA had directed that complaints under Section 31 should be heard strictly based on seniority, barring exceptional circumstances. However, it was observed that certain cases needed faster disposal, particularly those related to maintainability issues, reviews, rectifications, non-compliance with orders, remanded matters, settled disputes, and voluntary withdrawals.
MahaRERA has revised its complaint handling process to continue hearing complaints based on their date of filing, with certain exceptions. These include cases where the complainant faces a life-threatening illness, complaints involving review, rectification, or non-compliance of previous orders, matters remanded by courts for fresh hearings, disputes settled between parties, voluntary withdrawal of complaints, issues regarding maintainability, and situations where multiple complaints about the same project are clubbed, prioritising the earliest filed complaint.
Additionally, in extraordinary situations, if a change in the seniority of a complaint becomes necessary due to unavoidable or special circumstances, approval must be obtained from the Hon'ble Chairperson of MahaRERA after submitting proper justification.
All stakeholders have been directed to strictly adhere to these updated guidelines. The circular has been enforced with immediate effect.
MahaRERA's decision to recalibrate its complaint hearing process reflects its ongoing commitment to transparency, efficiency, and consumer-centric governance. By addressing practical challenges and refining its framework, the Authority aims to strengthen trust within the real estate sector. Prioritising cases based on genuine urgency without compromising the principle of seniority could potentially lead to a more responsive and effective dispute resolution system, setting a benchmark for regulatory bodies across the country.
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