How MahaRERA works to make the real estate sector more transparent and accountable?

RERA ( Real Estate Regulation Act) 2016, was introduced, to make a very beneficial and laudable Impact on home buyers. Maharashtra was one of the few states which introduced RERA immediately after the Act was implemented, by May 1, 2017. MahaRERA has its headquarters in Mumbai. It is also the responsible authority for the territories of Dadar and Nagar Haveli and Daman and Diu. It has the highest number of projects with RERA registration, so far. MahaRERA became one of the few states to come up with an official website, within the initial stages. So it became easier for people to file complaints against unregistered projects and set up a hearing, in the court of law, for the same. which is why the website will soon start accepting online payments. By making access easier, the aim is to make the complaint filing and resolution process as uncomplicated as possible.

Revisions in the procedure to File a complaint under MahaRERA

The implementation of MahaRERA by the state has been setting an example for other States to follow. And the projects on the MahaRERA website are to be presented in a most detailed and informative among several State RERA websites. Additionally, it is one of the most potentially useful websites for home buyers or investors to base their decisions on. Regulations regarding the Complaint are given below. These were updated on Circular No: 09/2017 dated 24^th July 2017. A Standard Procedure (SOP) was laid down to process complaints, in Part A & Part B of this Circular. This meant to simplify the process of filing complaints. Further, fasten this process by digitizing the payments and removal of paper-work. Applicability started on 1st August 2018.

Part A: for Home-buyers, in Registered Projects

The process for Home-Buyer to file a complaint: Any wronged person may file a complaint with MahaRERA or the adjudicating officer, for any registered real estate Project under RERA. When it is a violation or conflict with the provisions, rules & regulations of this Act. Thereafter, the Authority would establish an adjudicating process for speedy redressal of such complaints.

• Go to the MahaRERA official portal,
• In the main menu click on the tab of "Online Application", A new page of Login opens up.
• Click on New Registration.
• Select User Type, as Complainant.
• There'll be a pop-up, to ask if you want the help of a neutral mediator appointed by MahaRera Conciliation Forum. Select "Yes" if you expect your complaint can be resolved without getting into litigation.
• Whether you have selected "Yes" to the above option or "Cancel", you'll need to create "New Registration"
• Select Area from the drop-down list, for state or UT.
• Select a proper User name & Password for yourself. Also, fill in your mobile number & e-mail id.
• enter the correct capcha and "Create User".
• you'll receive a verification link on your e-mail. Click and activate it.
• Now that your ID has been created, you can log-in with your Login Id created and the password for it
• Afterwards, you must get registered after filling personal details in the appropriate sections
• Now on the left side, there is an option visible, "Add New Complaint". Select this.
• Under this, you need to file necessary & valid documents related to the complaint.
• Then an explanation, for how you have been aggrieved. In other words, what is your complaint about?
• Once this has been done, you'll need to make payment of Rs.5000 through the payment link.
• Once the complaint has been filed, it will be visible on the website, to the concerned promoter/builder/respondent, when he logs in through his Project User-id
• Both, the aggrieved party and the promoter/builder/respondent, would be called in the MahaRERA office with their evidence and expressing the related facts. Both the parties would be assigned a legal officer, each.
• After listening to both the parties, MahaRera will give a resolution.
• Or if you are seeking, Compensation, the case would be transferred to an Adjudicating officer for hearing. And the legal wing of  MahaRera, under the sections 12,14, 18 and 19, will now take over.

Revised Regulations governing the complaint filing, under Part A:

• Complaints under this provision can be filed against registered projects, only.
• Only those persons, who have been aggrieved under the said registered project can file a complaint here.
• Submission of an acknowledgement and hard copy of the complaint with the MahaRERA, as required earlier, has been discontinued. Additionally, now the Complainant has to only upload online all the relevant and supporting documents.
• Only when the respondent here, is not the registered promoter/agent, then the complainant has to serve a physical notice to him and submit an acknowledgement copy with the MahaRERA.
• No hard copy of the notice of the complaint is issued to the promoter/builder/respondent, now. They are to view it in their Project User-id.
• Once the complaint has been filed online, and the required fees paid, a Chairperson. Member 1 and Member 2 respectively, will be assigned to this complaint, automatically by the software.
• When the legal wing of MahaRERA has scheduled any hearing, or ruled, or adjourned regarding the case, it will be communicated to both the parties. Also, the details will be visible at their dashboards.
• The Ruling of the authority, as and when made, would be uploaded against the respective projects too.

The Complainant, if not satisfied by the decision or order made by MahaRERA or by the adjudicating officer, may still file an appeal before the Appellate Tribunal. Afterwards, if the complainant is still discontented, with the decision or order of the Appellate Tribunal, can file an appeal with the High Court. What is the Impact of these Revisions? So let's interpret the new changes:

• Previously, you were to submit hard copies to MahaRERA Authority. Whereas, now you can upload the documents on the portal. This will get your complaint registered. In this way, it saves a lot of time, efforts and money.
• Earlier, the 60-days time period used to start only after the complaint got registered, i.e. after submitting hard copies to the authority. On the other hand, now this time period starts as soon as your complaint has been registered on the portal.
• Also, the promoter gets the details of the complaint on his project ID dashboard itself, instead of being sent a separate notice.

Part B: for Informants of Unregistered Projects

So far, over 17,000 projects and 15,000 agents got their RERA registration under MahaRERA. But still, as per the survey by Mumbai Grahak Panchayat’s (MGP) in 2018, at least 40% of real estate projects were not registered with MahaRERA. In view of which, MahaRERA called upon the general public to become its informers and submit their complaints against unregistered projects on its website. The Part B of the Circular contains the SOP for Source Information: On July 24, 2017, MahaRERA had laid down the procedure for handling information about the projects, that ought to have been registered but have not registered. Anyone who felt, a particular real estate project, should have been registered under MahaRERA, but is not registered, could give information under this section. It had set up an online facility, on its website, where citizens could act as Source Informants (SI) and complain about unregistered residential projects after paying Rs 5,000. However, not many people were interested in shelling out this sum and getting entangles in legalities. Therefore, this mode didn't prove quite successful. Then, in July 2018, to improve the situation, and to ensure maximum RERA registration, it revised the process. After inputs received from the several stakeholders involved and experience of MahaRERA itself. it simplified the process & removed the fee. Thereby, making it possible for an active and alert citizen can actually act as an informant and file a complaint against the unregistered real estate projects on its website for free. Although, this removal of fees is conditional. Thereby, the SI cannot ask for a hearing without this fee. In the case hearing is required, the complainant would have to pay Rs 5,000. Online Procedure for Source Information to notify about Unregistered Projects:

• You can now submit the details of the projects online.
• Under the non-registration tab of the MahaRERA portal, click on "Inform Non-Registration".
• An application form will come up, to be filled with the details about the project and promoter. to enable MahaRERA to locate the Project, and investigate.
• To better protect the SI, only a mobile number & a mail-id has to be provided. This will be verified through an OTP.
• Once you have submitted the details and verified through the OTP. You will get an SI number.
• This SI number is to be used for future inquiries and view the status of the investigation. This you can do under the same tab, choosing "Non-Registration Application Status".
• This online complaint is assigned to Technical Officers, automatically by the software.
• This technical wing will first check if the project has been registered or is under registration process. If yes, then the details will be put on your online dashboard. However, if it is not so, then they'll gather and scrutinize information, check with the promoter, site visit etc.
• In the course of the investigation, if it is found, that the project should have been registered but has not been registered, then a hearing will be scheduled for appropriate penalty and action, within the offices of the MahaRERA. The decision would be updated on the informant's dashboard as well as the portal.
• If the project is missing on some approvals of the respective planning or public authorities (such as land, water, electricity boards), then those authorities shall be intimated to take action as appropriate.

Or in case you demand a hearing, the technical officer would schedule a hearing with the authority, directly. A date would be advised to both the parties. What are the Effects of these Revisions?

• As per the previous mechanism, the informants were to mail on the e-mail ID, provided on the MahaRERA portal. This went directly to the officials. However, now the complaint is registered at the portal itself.
• You could not follow-up on the complaint, in the earlier scheme of operations. Now, all steps taken are updated online to your dashboard. Also, the hearings and the ruling are updated on the portal too.
• Earlier, the genuineness of the complaint couldn't be verified. Now, there is a mobile number verification done, for registering the complaint.

Conclusion

Maharashtra is one of the very few states who abided by the rules of the RERA Act, with commitment. MahaRERA seeks to transform the real estate sector of the state. It is seeking to improve by looking for passing more regulatory provision. Therefore, it will be interesting to see how it contributes to a successful RERA impact on Real Estate in India.   Therefore, it is the right time to get RERA registration for your Project or Agency and avoid huge penalties, you can call us on +91 8750008585 or email your queries at [email protected]. You can check all the services we offer at our website Legal Raasta.  

Also go through:

Analysis of RERA Real Estate(Regulation and Development) Act, 2016

Registration of Project under RERA