Conciliation Forum
Under Section 32 (g) of the Real Estate (Regulation and Development) Act, 201,6, Maharashtra Real Estate Regulatory Authority must take measures to facilitate amicable conciliation of disputes between promoters and the allottees through dispute settlement forums set up by the consumer or promoter associations.
With this objective MahaRERA Conciliation and Dispute Resolution Forum has been formed to facilitate resolution of disputes amicably, thereby saving cost and time of litigation to parties and state. The Forum consists of representatives of Mumbai Grahak Panchayat and the promoters' association representatives.
Procedure for conciliation
Only Disputes between promoters and allotees which are under purview of Real Estate (Development and Regulation) Act 2016, Rules and Regulations made thereunder will be admissible in the Forum.
The allottee needs to register on the conciliation forum application portal, by entering login credentials.
After successful login, allottee shall fill the conciliation request form for raising conciliation request to promoter.
The promoter respondent will be intimated regarding the request through both SMS and e-Mail. After getting the request promoter need to click on the conciliation acceptance link.
If Promoter accept the conciliation request, the payment option will be made available against the conciliation request under the allottees login.
After successful payment, a conciliation bench will be assigned based as per seniority of conciliation number. Same will be intimated to both the parties via SMS & e-mail.
In case of successful conciliation, The parties will be required to sign a conciliation agreement/terms, which will be uploaded to close the request.
Role of conciliator
In an effort to resolve conflict amicably, the conciliators will offer the parties independent and impartial assistance.The conciliation proceedings may be conducted by the conciliators in any way they deem appropriate, taking into account the specific facts of the case, the desires the parties may have stated, including any request by a party that the conciliators listen during oral statements and the need for a prompt resolution of the dispute
The conciliators may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be writing and need not be accompanied by a statement of the reasons therefor.
Settlement of Disputes
If the parties reach agreement on a settlement of the dispute, they may draw up and sign Terms of Settlement.
The settlement agreement is final and binding once it is signed by all parties, including all those making claims on their behalf.
The conciliators shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.
Non-Compliance
The parties concerned shall comply with the terms of settlement. Non-compliance of the terms by either party shall give the other party right to approach the MahaRERA. In case of further complaint to MAHARERA by the parties in the same subject, MAHARERA authority will take cognizance of any such agreed terms of Conciliation.
Resort to arbitral or judicial proceedings
The parties shall not commence, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject-matter of the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.