MAHARERA issues direction in relation to filing of complaints

MAHARERA issues direction in relation to filing of complaints
  • General
  • Wednesday 30th October 2019
  • Author: Riya Kapoor

Highlights

  • MAHARERA has issued directions in respect of filing of complaints

  • Group complaints shall be entertained only in respect of common relief claimed under Section 7 & 8 of RERA or for common amenities.

MAHARERA has issued directions in respect of filing of complaints which shall be followed with immediate effect. Following are the direction issued:-

1)When a complaint is being lodged for seeking individual relief, the aggrieved person must provide the following details as part of the complaint:

  • Building number /wing number/ Flat number /shop number/ unit number 
  • List name of all owners /joint owners
  • Total consideration value
  • Money paid till date 
  • Date of allotment or booking
  • Date of the agreement if any 
  • Date of possession in the agreement if any 

 If the complainant doesn’t provide the above details, a complaint would not be maintainable under MAHARERA.

2. Group complaints shall be entertained only in respect of common relief claimed under Section 7 & 8 of RERA or for common amenities.

3. An individual complaint needs to be filed separately for individual reliefs. Otherwise, they will be held not maintainable for misjoinder for the cause of action and parties.

4. The complaints should be filed with MahaRERA, in accordance with Section 31 of the Real Estate (Development and Regulation) Ac! 2016 read with rule 6 and 7 of the Maharashtra Real Estate (Regulation & Development) (Recovery of Interest, Penalty, Compensation, Fine Payable, Forms oI Complaints, and Appeal, etc.) Rules, 2017 and the Regulations, Orders, and Circular made thereunder.

5.MahaRERA shall issue certified copies oI public documents only which are in its custody. No true copies of the documents will be issued, as a copy of copy is not permissible. For Photostat copies of other documents that are placed on record by patties, with the endorsement "True Copy", it is necessary for the concerned party to compare the said Photostat copy with the original and then endorse as "Self-certified Copy".

6. The Hon'ble Bombay High Court has framed the rules regarding service of notices by email. The rules indicate that if the notices served then the rePort of service of the notice is generated by the computer system and if it is not served on the party the report to that effect is also generated by the system ln MahaRERA, notices for hearing are sent online to the registered e-mail addresses logged with the MaInRERA system. Once the said information is reflected on the dashboard of the parties, the notices would be deemed to have been served upon the parties. Therefore, Complainants and Promoter Respondents are requested to monitor their online Dashboards on a regular basis to check for progress of complaint including hearing dates, interim orders, final orders among others

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