MahaRERA issues Circular on Standard Operating Procedure for Filing and Handling Complaints

Aug 02, 2018 | by Avantis RegTech Legal Research Team


The Maharashtra Real Estate Regulatory Authority (MahaRERA) vide circular dated July 18, 2018 has issued Standard Operating Procedure (SOP) for filing and handling the complaints. The revised procedure for complaints shall be applicable from August 01, 2018 and procedure for Source Information on projects shall be implemented with immediate effect.

Part A

Standard Operating Procedure (SOP) for handling complaints

Steps

Descriptions

Details

Step 1

Complainant to file complaint online through MahaRERA portal https/maharera.mahaonline.gov.in and click on online application directly) throughhttps://maharerait.mahaonline.gov.in

·   Complaints can only be filed against registered projects by aggrieved persons having interest in the said registered project.

·   While filing the complaint, the complainant shall upload all relevant documents and supporting documents. Service of complaint cop) on the respondent and submission of said acknowledgement and hard copy of complaint to MahaRERA is discontinued.

·   Henceforth, if the respondent is a promoter, he can view his entire complaint details o, his project login id. There will be no separate notice as mentioned above.

·   If the respondent is other than registered promoter/agent, then the complainant has to serve the notice to the respondent in physical format and provide a copy with acknowledgement to MahaRERA

 

Step 2

Once the complaint is received online on payment of requisite fees. it is assigned automatically by the software to chairperson, Member I ,Member II

·     Chairperson, Member I and Member 2 shall each be assigned a legal officer     

·     In case a complainant seeks compensation, then as per Sections 12, 14, 18 and 19 of the Real Estate (Regulation and Development) Act, 2016. the case can be transferred to the adjudicating officer for hearing

·     If there are numerous complaints based on same facts and for same relief received against the same promoter, then these complaints can be clubbed and assigned to any one bench for hearing.

Step 3

Legal Wing of MahaRERA shall schedule 1st hearing date and communicate  to the parties (Complainant and Respondent)

·     Notice of hearing to parties (complainant and respondent) shall be issued.

·     The complaint details shall also be visible at the complainant and promoter/agent dashboards

Step-4

After hearing, Ruling of the authority shall be uploaded and mailed to the parties

The orders shall be uploaded online against the respective registered projects ,/ agen6

Step 5

In case, hearing is adjourned , step 3 and 4 shall be repeated

 

 

Part B

Source Information on projects, which ought to have been registered but have not registered

Steps

Description

Details

Step 1

Informants are requested to submit details of the said projects online through MahaRERA portal https://maharera.mahaonline.gov.in and click on online application or directly through https://maharerait.mahaonline.gov.in

·     The application shall be free of cost. There shall be no fees/charges for the application

·     The mobile number of the informant will be verified through an OTP

·     Informant can also view the status of their application on real time basis by using the mobile number or information reference number

Step 2

Once application is received online, it is assigned automatically by the software to 'technical Officers

Technical Officers shall scrutinize the project details on the basis of information received  meeting with promoter / Site visit etc.

 

[MahaRERA Circular No. 18/2018]

URL: https://maharera.mahaonline.gov.in/Upload/PDF/Revised%20Standard%20Operating%20Procedure%20(SOP)%20for%20handling%20complaints.pdf


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