Mumbai Flat Buyers In Limbo: MahaRERA Delays Hearing Dates For Years

According to Lokmat, flat buyers in Maharashtra are increasingly frustrated due to significant delays by the Maharashtra Real Estate Regulatory Authority (MahaRERA) in scheduling second hearing dates for their complaints.

Some buyers have been waiting for two to three years without a resolution, while more recent complaints filed in 2023-2024 have been prioritised, leading to a sense of injustice among those who have been waiting longer.

Litigants, advocates, and professionals associated with MahaRERA have expressed their disappointment with the authority's failure to deliver timely justice. Many flat buyers continue to face financial burdens, such as paying EMIs for homes they have yet to possess, exacerbating their frustration.

The delays are seen as a violation of the very purpose of RERA, which was established to provide swift relief within sixty days through summary proceedings. The situation has raised serious concerns about the fairness and effectiveness of MahaRERA as a quasi-judicial body.

Seniority Of Complaints

Advocate Anil D'Souza, Secretary of the MahaRERA Bar Association, pointed out that there are two official circulars, 30/2021 and 34/2021, which clearly outline the listing of complaints based on seniority. Despite these guidelines, many cases from April 2021 and 2022 are still awaiting their second hearing. "At last count, there were at least 30 cases from 2023 that are still pending," said D'Souza.

He explained that after paying a fee of Rs 5,000, complainants receive a first hearing date within a month. During this hearing, the MahaRERA Chairman often suggests opting for conciliation, which, if accepted, can result in a second hearing within a month.

However, the overall conciliation process can take over six months. The problem arises for those who do not choose conciliation and decide to pursue their case through MahaRERA, as they often face significant delays in getting further hearing dates due to the backlog of cases.

Priority To Newer Cases

D'Souza also highlighted a troubling trend where more recent cases from 2023 and 2024 have been heard and resolved, while many older cases from 2021 and 2022 are still pending. Litigants are understandably exasperated by this situation. D'Souza called for an audit of all pending cases to reveal the true extent of the backlog and identify cases reserved for orders.

Sixty-Day Mandate

Advocate Godfrey Pimenta noted that the law mandates the disposal of complaints within 60 days of filing. However, hearings are delayed due to a shortage of members in the MahaRERA Authority, leading to a breakdown in the delivery of justice.

Disappointment Among Stakeholders

Abhay Upadhyay, President of the Forum For People's Collective Efforts and a member of the Central Advisory Council for RERA, described the delays in Lokmat as "very disappointing." He expressed confusion over MahaRERA's rationale for ignoring earlier complaints and called for the local Bar Association and the High Court of Bombay to take suo motu notice of the situation. Upadhyay stressed that accountability must be fixed, and earlier hearing dates must be ensured to prevent justice from being denied through delays.

Expert View

Solicitor Stuti Galiya in Lokamt criticised the system's failure to schedule second hearings for cases pending for two to three years, calling it a "complete failure." Galiya emphasised that following the first-come, first-served principle is crucial for ensuring justice is served equally and without bias. She suggested that MahaRERA needs to implement serious measures to address the backlog, including increasing staff strength, changing listing and disposal methods, and adhering to strict timelines to regain public trust and maintain its reputation.

Complainants Speak

Prakash Korgaonkar, a 48-year-old state government employee, shared his plight as a flat buyer with Lkmat. Korgaonkar had booked a 450 square feet one-BHK flat in Kanjurmarg in 2014 for Rs 1.02 crore and paid Rs 6.50 lakh as a token and earnest money.

The possession was expected by 2017, but the project was delayed. After the developer refused to refund his money, Korgaonkar approached MahaRERA in 2022. However, he is still waiting for a hearing date. "I continue to stay in my small one-room house in Bhandup. At times I wonder, if I had paid the full amount to the developer, today I would have been on the streets," he lamented.

MahaRERA has declined to comment on the matter.