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 MahaRERA application Portal.(Refer sec. 31)
Note:While registration of complainant profile a following message will appear where complainant is given a liberty to approach the Conciliation Forum.
“MahaRERA Conciliation Forum can help you arrive at mutually agreeable dispute resolution with the help of neutral mediators. Would you like to try?”
Click on the “Yes” button to open registration page of MahaRERA Conciliation Forum. Click here to view guidance for conciliation
If the complainant click on the “No” button the complainant will be directed to the complaint login page.
The Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine Payment, Forms of Complaints and Appeal, etc.) Rules, 2017, specify Form A as the complaint's format. A complaint must be submitted online.
Once the complainant's login has been generated, Form A will be made available. MahaRERA established the Standard Operating Procedure in this regard in its circular number 18/2018, dated July 17, 2018. To view the mentioned circular, click here.
The complaint can be filed only against MahaRERA registered project. The parties, while filing the complaint online, shall provide 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 till 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 the directions prescribed under MahaRERA Order No. 11 of 2019 dated 23rd October 2019 and Circular No. 41 of 2022 dated 28th March 2022.(Click here to view the said MahaRERA Order)
and (said Circular)
An aggrieved person shall file separate complaint.
Group complaints shall be entertained only in respect of common relief claimed under Section 7 & 8 of RERA or for common amenities.
For the purpose of filing complaint online, The complainant has to fill in the complaint form online and has to upload all the relevant documents relating to the case made out in the complaint in the manner as prescribed in the format and proceed for requisite payment.
Once payment is made, the complainant and promoter will receive notification by mail. Complaint details will also be displayed on the dashboard of the promoter and complainant. Refer to the user manual for complaint under the resources tab for step-by-step instructions.
Complaint shall take up for hearing as per seniority and guidelines prescribed in the circular 34/2021 dated 21 Jun 2021. Notices of hearing are sent online to the registered email address logged with MahaRERA 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 regular basis to check for progress of complaint including hearing dates, interim orders, final orders among others.
On the first date of hearing, if both the parties’ consent to settle the matter then, the complaint may be transferred to the conciliation forum. If the parties do not wish to settle the matter amicably, the complaint shall be scheduled for further hearing on merits as per the seniority.
Submission of Convenience Document Set
Once the complaint is filed online, the complainant shall submit the convenience document set, which should not be more than 20 pages, refer Order No. 23 of 2021 dated 08th September 2021 & Order No. 27 of 2021 dated 7th December 2021. (Click here to view the Order No. 23/2021) and (Click here to view the Order No. 27/2021)
Examination & Scrutiny of Complaints
Once the complaint is filed online by the complainant, the Registry of the authority will examine the complaint filed online and will scrutinize the complaint. If the registry finds that the complaint filed does not comply with the checklist as annexed, the registry will inform the same to the complainant and get the objections removed.
Once the objections are removed by the complainant, the registry shall assign the complaint to the concerned bench of the authority. The complaint details will be displayed in the respondent's project registration dashboard once complaint has been assigned to the authority's bench. The respondent will have the liberty to upload documents or reply in the complaint.
Hearing of complaint
Once the complaint is transferred from the registry to a particular bench of the authority, the hearing of the complaint will be as per its seniority. The seniority will be decided as prescribed in the Circular No. 34 of 2021 dated 21st June 2021.
On the first date of hearing, if both the parties consent to settle the matter then, the complaint may be transferred to the conciliation forum. If the parties do not wish to settle the matter amicably, the complaint shall be scheduled for further hearing on merits as per the seniority.
During the course of hearing, the parties shall be given liberty to file their respective replies/ rejoinders/ written submissions on record of the authority. The same shall be uploaded on the MahaRERA website by the concerned parties.
During the course of hearing, the parties are at liberty to make application for amendment in the complaint, any miscellaneous applications etc. to be filed by uploading the same on the MahaRERA website. The authority, at its discretion, will decide whether the said applications need to be allowed or rejected.
The roznama of every hearing will be uploaded on the MahaRERA website. The same will be visible to the parties on the complaint portal for the complainant or the project registration portal in case the respondent is a promoter.
The authority may, at its discretion, club the multiple complaints filed in the same project and hear the said complaints together.
Once the proceedings and arguments in the complaint are complete, the complaint shall be reserved for order by the authority.
Appearance of Parties
The complaint has two options for appearing: either personally or through the appointment of a representative. The complainant may appoint an advocate, Chartered Accountant or any other person to appear on his behalf. As per Form 6 of the MahaRERA general regulations, the complainant must upload the vakalatnama in the case of an advocate or an authority letter in the case of anyone other than an advocate. (Click here to view the MahaRERA General Regulations, 2017.)
Orders in the Complaints
Once the order is issued by the concerned bench of the authority, the same will be published on the MahaRERA website. The said order becomes accessible to the complainant and promoter immediately, email notification is also issued to the respective parties.
Rectification of the Order
Once the order is passed, if any party finds any defect in the order, the aggrieved party may file an application for rectification of the order. The order may then be rectified subject to the approval from the presiding bench of the authority under Section 39 of the Act.
Review of the Order
Any aggrieved party may file for review of the order passed, by following Regulation 36 of MahaRERA General Regulations, 2017 for review of decisions of the authority. The review shall be filed within a period of 45 days from the date of issue of the order by the MahaRERA. Further, the review application shall be filed in the same manner as the complaint. The authority, at its discretion may either allow the review application or reject the same. (Click here to view the MahaRERA General Regulations, 2017.)
Issuance of Certified Copies
The parties in a complaint may apply for certified copies of the orders by making application online by logging into the complaint portal or the project registration portal in case the respondent is a promoter.
Any party to the proceeding not having access to the complaint portal of the project registration portal may apply for certified copies by making an application in ‘Form 7’ as given under the MahaRERA General Regulations, 2017. (Click here to view the MahaRERA General Regulations, 2017.)
Non-Compliance of Orders
The complainant may, upon non-compliance of the order by the respondent, file for an application for non-compliance of the order before the MahaRERA. The said application for the non-compliance shall be filed by logging in into the complaint portal by the complainant and clicking on the ‘apply for non-execution’ tab therein. This no execution tab shall be available after expiry of 60 days from the date of the said order.
Upon receipt of the application, the hearing of the applications will be scheduled as per seniority, which will be decided as per the date of filing of the non-compliance application.
The authority may at its discretion, order for issuance of recovery warrant under the provisions of section 40(1) of RERA. The said recovery warrant shall be sent to the collector office of the concerned district wherein the project is located.