Maharashtra has one of the most active Real Estate Regulatory Authorities in India. Here’s all you need to know about checking projects and agents and filing complaints on MahaRERA.
Deemed as one of the most active real estate regulatory authorities in India, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has over 25,000 registered projects and 23,000 registered property agents, as of February 27, 2020. The Authority has also got over 10,000 complaints, out of which 71% have been disposed of. These statistics stand out when compared to other state authorities, where the rules are yet to be notified or the real estate portal is yet to be launched. Maharashtra RERA has some of the most active real estate markets under its jurisdiction, which include the Mumbai Metropolitan Region (MMR) and Pune. The quantum of investment in these markets is much more, as compared to other cities, which affects the life of homebuyers, as well as investors. To ensure transparency and accountability, the MahaRERA portal has a number of features to help buyers make informed decisions.
How to check MahaRERA registered projects?
*Visit the MahaRERA portal and click on ‘Registration’ from the top menu.
*Click on ‘Registered Projects’ and you will be redirected to an external website. Make sure pop-ups are allowed on your browser.
*Feed in the project name or promoter name or RERA number. The details will appear and you can check the RERA certificate and all other details provided by the builder to the Authority.
How to check registered agents on MahaRERA?
*Visit the MahaRERA portal and click on ‘Registration’ from the top menu.
*Click on ‘Registered Real Estate Agents’ and you will be redirected to an external website. Make sure pop-ups are allowed on your browser.
*Enter the agent’s name or agent registration number, to find the details.
How to report unregistered projects?
As a vigilant consumer, you can also report unregistered projects to the Authority. Here is the step-by-step procedure to file an online request.
*Visit the MahaRERA portal and click on ‘Non-registration’ from the top menu.
*Choose ‘Inform Non-Registration’ from the drop-down menu.
*You will be redirected to a new page where you have to provide all the information about the complainant and the unregistered project. A SI number will be provided, for tracking the progress of your complaint.
How to file a complaint on MahaRERA?
MahaRERA has made complaint registration simple, for the ease of home buyers and investors. Follow this step-by-step process to register a complaint against a developer/agent/promoter.
*Visit the MahaRERA online complaint forum and click on ‘New Registration’.
*Select ‘User Type’ as ‘Complainant’ and fill in the required information. Once your user registration is successful, log in to the system.
*Now click on ‘My Profile’ under ‘Accounts’. Fill in the required information.
*Select the ‘Complaint Details’ options and click on ‘Add New Complaints’ from the drop-down menu.
*You can now add a complaint, where you have to mention the division, registration number, project, or agent name. The promoter name will appear automatically.
*Add details about the complainant such as name, type, nature of interest in the project, and address of the complainant.
*Add details about the respondent such as name, type, and address.
*Upload documents to support your case and reliefs sought.
*Pay the fees to get your complaint registered.
What is MahaRERA Conciliation Forum?
Recently, the MahaRERA established a Conciliation and Dispute Resolution Forum, to facilitate the resolution of disputes amicably, thereby, saving the cost and litigation time of parties and promoting greater public satisfaction with the legal system and dispute resolution. Here is the list of conciliators who can mediate between the parties.
What is the procedure of conciliation?
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The role of the conciliator is limited to assist the parties in an independent and impartial manner, in their attempt to reach an amicable settlement of their dispute.
How to register projects on MahaRERA
*Visit MahaRERA portal and click ‘Online Application.
*Click on ‘New Registration’ as a new user.
*Create a new account and select the user type.
*Select respective state or UT from the drop-down. Fill in the remaining info like username, mobile number, and registered email address. Click on ‘Create User’.
*A verification link will be sent to your registered email address. Click the link to verify your credentials.
*Login with your new username and password.
*Fill in the required details upload all the necessary documents.
Documents required for project registration
- Name, address, mobile number, and photographs of the promoters (in case of individuals)
- In the case of a Company or Partnership Firm, Registration documents
- Ownership/Lease/Development agreement
- Approved Building Plan
- Approved Building Layouts
- RERA Bank Account details
- Form 1 From Architects
- Form 2 from Structural Engineer
- Form 3 From Chartered Accountants
- Name, address, mobile number, and photographs of the promoter (people in management, in the case of entities)
- PAN card copy of promoter
MahaRERA latest judgments
MahaRERA blacklists 664 projects
Update on July 29, 2021:
664 housing projects have been blacklisted by the MahaRERA in Maharashtra, owing to them not meeting deadlines. Completion of these projects and possession to home buyers were expected by 2017 and 2018 and there has already been a delay of around four years and three years, respectively. The MahaRERA has strictly forbidden the advertisement, marketing, and sale of these projects in the state.
Of the 664 projects, media reports indicate that the maximum number of projects (more than 270) have been blacklisted in the Mumbai Metropolitan Region (MMR), followed by Pune with less than 200 projects and the remaining in prominent tier-2 and tier-3 cities of the state.
MahaRERA is yet to give any clarity on the course of action, for the completion of these projects and handing it over to the respective home buyers. This move of the MahaRERA gives a strong message to the developers to abide by the rules and gives assurance to home buyers, point out industry experts.
GREAT directs promoter to pay interest for late possession, sets aside MahaRERA ruling
Setting aside the order given by MahaRERA, the Maharashtra Real Estate Appellate Tribunal (MREAT) said that MahaRERA has been taking a stereotyped, yet, an erroneous view of Section 18, which has caused far-reaching consequences for the real estate sector. The observation came in the recent L&T Emerald Isle project case in Powai where the MahaRERA ruled that once construction was complete or possession was given, Section 18 ceased to operate and dismissed the home buyer’s complaint of seeking interest for delayed possession. However, now, the MREAT has directed the promoter to pay interest at SBI’s highest marginal cost lending rate plus 2% for the delay in possession, on the amount paid by the home buyer, between the promised date of possession and the actual date of possession.
MahaRERA to give priority to complainants with life-threatening diseases
As per the latest circular published by MahaRERA, dated June 21, 2021, the Authority will prioritize complaints on the basis of merits and seniority. The circular also implied that preference will be given to the complaints of people with serious, life-threatening illnesses.
According to the notification: All complaints filed with MahaRERA shall be heard and decided on merits by the respective single benches of MahaRERA or the adjudicating officer as the case may be, as per the seniority of the complaint which shall be decided as per the date of filng / registration of the complaint before MahaRERA except in the few cases such as where the complainant is suffering from life-threatening disease, where there is direction from superior courts to dispose of the complaint in a fixed time or where complaints in respect of the same project are clubbed together for hearing.
MahaRERA directs developers to give details of permits to flat buyers
MahaRERA has informed builders that from now on, all flat buyers should be kept informed of the extent of the construction permits received. At present, the builders declare that have received the ‘commencement certificate’ without specifying anything further. Since the CC is issued stage-by-stage and can be restricted for the plinth level or the first five floors of a skyscraper, the flat buyer remains under the impression that the CC is for the entire building. Therefore, in cases, where the layout approvals are obtained in stages, buyers should be made aware through a declaration from the promoter, to certify the exact stage of CC. This declaration will have to be uploaded on the RERA portal along with the CC.
Maharashtra RERA directs builder to pay interest for 21 months of delay
Recently, the MahaRERA directed developer Acme Housing India Pvt Ltd to pay interest for delayed possession for 21 months, to home buyers of its Alpinia project in Thane, under Section 18 of the Real Estate (Regulation and Development) Act (RERA). According to the complaint filed, the buyer booked a flat in the project in December 2014 with the promise of possession by December 31, 2017. The buyer paid a sum of Rs 1.11 crores but the developer failed to deliver possession as per the registered agreement for sale. In its order, the MahaRERA said that the buyer would get interested at 9.3% for every month of a delay from July 1, 2018, till March 2020. The project got the OC in March 2020. However, the buyer did not take possession and filed the case with MahaRERA.
The right to make a request for a flat reservation includes the right to cancel the reservation: MahaRERA Appellate Tribunal
The Maharashtra Real Estate Regulatory Authority (MahaRERA) Appellate Tribunal has ruled that an allottee’s right to reserve a flat, includes his/her right to cancel the reservation. Consequently, a builder cannot force the allottee to forfeit the booking for canceling his reservation. The order is likely to provide relief to numerous flat allottees who are forced to sign one-sided clauses.
MahaRERA Appellate Tribunal panel members Sumant Kolhe and SS Sandhu made the observation in a case by Dinesh and Ranjana Humane, a couple from Kalwa, against Piramal Estate Pvt Ltd. The couple had canceled the flat they had reserved in Thane, due to a medical emergency in the family. However, as per a clause in the flat reservation form, they were asked to forfeit 10% of the flat’s price or the amount paid.
While passing its order on March 17, 2021, the panel observed that the “Right to make a request for reservation of flat includes the right to withdraw such request for reservation of flat. Clause 17 providing forfeiture of 10% amount of the total price of flat or the amount paid till date whichever is lesser in case of withdrawal by allottees is ex facie unreasonable, unfair, and inequitable. Existence of such a condition in the printed form of ‘request for reservation’ to be filed in by allottees is against the object and purpose of RERA.”
Consent of 51% flat buyers is needed, to tweak the project, extend the deadline
Builders will no longer be allowed to get away with sketchy details or shoddy paperwork when they register their projects with the MahaRERA. A new circular issued by the state housing regulator mandates that developers must now submit the list of all their flat buyers, along with their signatures in a proper format, when seeking various permissions. Moreover, the builder will require the consent of at least 51% of the allottees if he wants an extension of the completion date of the project. The consent will now be required with their names, flat numbers, and signatures.
Apart from this, if the title report is not in the name of the developer, then, he should add the name of the landowner, the memorandum of understanding between them, the development agreement, the area, and the revenue sharing agreement. The developer will have to clearly reveal the investors or equity partners in the project.
More than 2/3rd buyers must consent to build plan changes under MahaRERA
The MahaRERA, in a fresh ruling, has stopped a builder from making any changes to a sanctioned plan under Section 14 of the Real Estate (Regulation and Development) Act, which necessitates prior consent of at least two-thirds of the buyers. The MahaRERA also ordered the builder to pay interest on the amount paid by the buyer, due to delay in handing over the possession. Section 14 of RERA holds the promoter liable to complete the project as per the sanctioned plans and not make any alterations, without the buyer’s consent. For modifying the plans for common areas also, the builder needs the written consent of two-thirds of allottees.
MahaRERA directs buyers to pay interest for delayed payments to the builder
In what may be called an unprecedented move, the MahaRERA has directed a home buyer to pay a penalty to the developer, for payment delay. Usually, such directives are targeted towards developers, asking them to pay penalties for delays in granting possession. In this case, the developer had approached the authority, to file a complaint against a home buyer who had been delaying payments, in spite of several demand letters. The authority ruled that if the buyer committed any default in timely payments as per the agreement for sale, he/she would be liable to pay interest at the rate of the marginal cost of funds-based lending rate (MCLR) of SBI plus 2%, as prescribed under the RERA. The authority also directed the home buyer to make the payment within a month, failing which the agreement for sale would be terminated.
Source: https://housing.com/news/all-you-need-to-know-about-rera-maharashtra/
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