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Source- Complaint Filing under Registered Project (https://maharera.maharashtra.gov.in/complaint-filing-under-registered-project)
Any aggrieved person may file a complaint against the registered project of the respondent before the authority under Section 31 of RERA by creating an account on the MahaRERA application Portal. (Refer to sec. 31)
When you begin the registration process for a complainant profile, a message will pop up providing you with an opportunity to seek assistance from the Conciliation Forum.
The message reads: “The MahaRERA Conciliation Forum can assist you in reaching a mutually agreeable resolution through the support of neutral mediators. Would you like to give it a try?” If you choose the “Yes” option, you will be taken to the registration page specifically designed for the MahaRERA Conciliation Forum, where you can start the process of resolving your dispute amicably.
On the other hand, if you select the “No” option, you will be redirected to the complaint login page to proceed with your formal complaint. Under the Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine Payment, Forms of Complaints and Appeal, etc.) Rules, 2017, you are required to use Form A, which is the standardized format for submitting your complaint.
It is important to note that all complaints must be submitted online. Once your login credentials are created, you will gain access to Form A to fill out your complaint.
In addition, MahaRERA has established a Standard Operating Procedure for this entire process, outlined in its circular number 18/2018, dated July 17, 2018. This ensures that you have all the necessary information and assistance available for a smooth complaint resolution experience.
The complaint can be filed only against a MahaRERA-registered project. The parties, while filing the complaint online, shall provide the following details;
- Building no./ Wing no./Flat no./Shop no./Unit No.
- List of names of all owners/Joint owners
- Total consideration value (Rupees)
- Money paid to date
- Date of allotment or booking
- Date of agreement (if any)
- Date of possession in the agreement (If any)
While filing the complaint online, refer to the directions prescribed under MahaRERA Order No. 11 of 2019 (Click Here), dated 23rd October 2019, and Circular No. 41 of 2022 (Click Here), dated 28th March 2022.
An aggrieved individual seeking redress must file a distinct complaint, as each case is treated individually. However, in instances where multiple complainants are pursuing a common relief under Sections 7 and 8 of the Real Estate (Regulation and Development) Act (RERA), or in matters concerning shared amenities, group complaints may be taken into consideration. To initiate the process of filing a complaint online, the complainant is required to access the designated online platform.
Here, they must complete a detailed complaint form and attach all pertinent documents that support their case, adhering to the prescribed format. Following the submission of the form, the complainant should proceed to make the necessary payment associated with the complaint filing.
Upon successful payment, both the complainant and the promoter will receive an immediate notification via email, confirming the submission of the complaint. Furthermore, the specifics of the complaint will be displayed prominently on the dashboards of both the complainant and the promoter, ensuring transparency throughout the process. For those unfamiliar with the procedure, a user manual is available in the resources tab, providing comprehensive step-by-step instructions on how to file a complaint effectively.
Once filed, complaints will be prioritized for hearing according to seniority, consistent with the guidelines outlined in Circular 34/2021, dated June 21, 2021. Notifications regarding scheduled hearings will be sent electronically to the registered email addresses in the MahaRERA System.
It is important to note that once this information appears on the dashboards, the notices will be considered formally served to the parties involved. In light of this, both complainants and promoter respondents are strongly encouraged to frequently monitor their online dashboards to stay informed about the progress of their complaint. This includes updates on hearing dates, interim orders, and final determinations.
On the initial date of the hearing, there lies an opportunity for both parties to engage in a dialogue. If they mutually agree to settle the matter, the complaint can be referred to the conciliation forum for resolution. Conversely, if the parties choose not to pursue an amicable settlement, the complaint will be arranged for further hearings, evaluated on its merits as per the established seniority protocols.
Orders in the Complaints– Once the order is issued by the relevant bench of the authority, it will be published on the MahaRERA website. The order will be accessible to both the complainant and the promoter immediately, and email notifications will be sent to the respective parties.
Rectification of the Order– Once an order is issued, if any party discovers a defect in the order, the affected party may apply to rectify it. The order can then be amended, pending approval from the presiding bench of the authority under Section 39 of the Act.
Review of the Order– Any aggrieved party may file for a review of the order issued by following Regulation 36 of the MahaRERA General Regulations, 2017, which governs the review of decisions made by the authority. The review must be submitted within 45 days from the date the order was issued by MahaRERA. Additionally, the review application should be filed in the same manner as a complaint. The authority has the discretion to either approve or reject the review application.
Issuance of Certified Copies– The parties involved in a complaint can request certified copies of the orders by applying online through the complaint portal. If the respondent is a promoter, they should use the project registration portal. For any party who does not have access to either portal, they may apply for certified copies by applying ‘Form 7,’ as specified in the MahaRERA General Regulations, 2017. (Click here to view the MahaRERA General Regulations, 2017.)
Non-Compliance with Orders– If the respondent does not comply with the order, the complainant may apply for non-compliance with MahaRERA. To do this, the complainant must log into the complaint portal and click on the ‘apply for non-execution’ tab.
This tab will be available 60 days after the order has been issued. Once the application is received, hearings will be scheduled based on the order of seniority, determined by the date the non-compliance application was filed. At its discretion, the authority may issue a recovery warrant under section 40(1) of RERA.
This recovery warrant will be sent to the collector’s office of the district where the project is located.
