On January 29, 2018, the Maharashtra Real Estate Regulatory Authority (“MahaRERA”), vide its circular bearing number 15/ 2018, set up the MahaRERA Conciliation and Dispute Resolution Forum (“Forum”) for speedy disposal of complaints and amicable settlement for disputes between allottees, promoters and real estate agents. Further, vide circular bearing number 31/ 2021 dated May 18, 2021, the MahaRERA established the procedure to be followed by the Forum, under which it prescribed that the conciliation Bench should issue notice to the parties within 1 (one) week from the date of receipt of complaint, followed by the first hearing to take place within 15 (fifteen) days.

To further streamline the process, the MahaRERA has, vide circular bearing number 38/ 2021 dated November 8, 2021 (“Circular”), prescribed further procedure for hearing of matters to be conducted by the Forum for conciliation matters (online complaints), to ensure speedy disposal of complaints. The procedure prescribed under the Circular is as follows:

1. All hearings must be completed within 60 (sixty) days from the first hearing date.
2. If the matter is not progressing towards settlement, the matter should be closed and referred back to the MahaRERA within 60 (sixty) days.
3. If the conciliation Bench is of the opinion that the parties may reach a settlement but the settlement terms cannot be finalized within 60 (sixty) days, then in such complaints, the hearing can be taken up after the expiry of 60 (sixty) days after sending an intimation to the Secretary, MahaRERA. The complaint should be heard and finalized within the extended period, not exceeding 30 (thirty) days after the expiry of the initial 60 (sixty) days period.
4. Within 1 (one) week of the complaint either being settled or failed, it should be referred to MahaRERA.

Please find a copy of the Circular here.

This update has been contributed by Pratish Panjabi (Partner) and Tweesha Gosar (Associate).

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