Maharashtra RERA aims to expedite conciliation resolutions with new guidelines

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued guidelines for functioning of the conciliation forum that aims to resolve issues between homebuyers and real estate developers.

The regulator is looking to streamline the process of hearing and disposal of the complaints referred to MahaRERA Conciliation and Disputes Resolution Forum, for which the procedural guidelines should be prescribed by the MahaRERA for hearing of complaints referred by MahaRERA.

With this, homebuyers can expect expedited hearing of their matters filed with the regulator as the forum is expected to serve notice of the first hearing to the parties within a week from the date of receipt of such assignment.

As per the new guidelines, the first hearing on such complaints is now expected to be conducted at least within 15 days and only after disposal of the assigned complaints, next lot of 10 complaints can be assigned to the conciliation bench.

In these referred conciliation complaints, all parties will be at liberty to be represented through advocates or authorised representatives, before the Conciliation Forum.

Prior to this, complainants were not allowed to be represented by advocates in these conciliation proceedings.

“With this change, the process would become more structured and comprehensive. Both parties can be better represented with technical aspects of documentation and projects’ technicalities. With expected more preparedness matters may also get resolved faster,” said advocate Abhishek Khare.

While assigning the complaints to the concerned functional Conciliation Benches, the office bearers of the forum need to scrutinize the seniority of the said complaints to keep its seniority intact.

In the referred conciliation matters, if the parties arrive at any mutual agreement, the concerned bench is expected to refer such complaints to MahaRERA within a period of one week together duly with signed finalised conciliation terms.

After placing such matters before the MahaRERA and only after passing final order by MahaRERA, the said complaint will be treated as closed or finally disposed of.

If the conciliation between the parties fails, in that event, such complaints are expected to be transferred back to MahaRERA within a period of one week for taking appropriate decision on merits.

Following the implementation of the Real Estate (Regulation & Development) Act, 2016, the regulator had set up these conciliation teams with an objective of faster resolution being made available to homebuyers and creating a filter in the backdrop of receiving many complaints.

This forum can be approached by homebuyers and builders for reaching a consensus, thus leaving matters, which cannot be resolved through this mechanism, for intervention of the regulator.