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Complaint In MahaRERA Against Builder: Complete Procedure And Rules

Published on 21 Jan 2019 by Shivi

With the implementation of the Real Estate (Regulation and Development) Act, 2016 or in short, RERA Act, property buyers have been given a quick remedy to deal with the issue of delay in property possession or other such non-compliances by the builder, promoter or real estate agent.

Maha RERA Rules, 2017

The new real estate laws in India require every State in the country to notify its own RERA rules, and keeping this in mind, Maharashtra was one of the very first states to notify its Maharashtra RERA Rules, 2017 and establish the Maha RERA Authority. The Maharashtra RERA Rules lay down provisions relating to the following:

  1. Registration of the builders and agents under RERA.
  2. RERA registration of property.
  3. Establishing the MahaRERA Authority and MahaRERA Appellate Tribunal.
  4. Complaint filing mechanism with MahaRERA.
  5. Appeal filing mechanism.

Grounds Of Filing A Complaint With MahaRERA

Any aggrieved buyer can file a complaint in MahaRERA Authority or the Adjudicating Officer for the following issues faced at the hands of a builder:

  1. Delay in delivery of flat possession.
  2. Refusal by builder to refund the amount and cancel the booking.
  3. Delay in registering the property under MahaRERA.
  4. Extra or unwarranted demands by the builder.
  5. Denial of penalty by builder for delay in flat possession.
  6. Change in project lay-out without approval from the buyer.

Procedure Of Complaint In MahaRERA

Any person who has some interest in the project can file a complaint in MahaRERA against the builder for any of the reasons mentioned above. Complaint in MahaRERA can be directly filed with the Authority or can be filed online as per the RERA complaint format. It is recommended to consult a good RERA lawyer in India to draft and file your RERA complaint. If the complaint is not properly, the RERA Authority may end up rejecting the application.

A complaint in Maha RERA must include the following particulars to ensure that the proper RERA complaint format is followed:

  1. Details of the complainant like first and last name, contact details and email ID.
  2. Complete address for all kinds of correspondence.
  3. Property’s RERA registration number.
  4. Details of property purchased like name, location, etc.
  5. Name of the project, promoter or real estate agent.
  6. Issue faced by the buyer.
  7. Remedy sought from the Authority.

READ: Legistify Helps Aims Angel Golf Avenue 2 Homebuyers In RERA Matter

A complaint in MahaRERA can be filed with the help of a RERA Advocate in India before the Adjudicating Officer or the Real Estate Regulatory Authority depending upon the type of issue faced by the buyer. Documents like the builder-buyer agreement, payment receipts, allotment letter, etc. are attached with the complaint.

A complaint with MahaRERA Adjudicating Officer can be filed to claim compensation with interest from the builder under Section 12, 14, 18 and 19 of the RERA Act, 2016. The complainant needs to pay the prescribed fee of Rs 5000 along with RERA complaint. The complaint filed with the Maha RERA Adjudicating Officer must be displayed within 60 days of filing the complaint.

A complaint with the MahaRERA Authority can be filed for any kind of violation of RERA Act, rules or regulation or to claim any other remedy other than compensation and interest. A complaint with MahaRERA Authority can be filed in the prescribed complaint form along with the prescribed fee of Rs 5000. The complaint filed with the MahaRERA Authority must also be displayed within 60 days of filing the complaint.

Appeal Procedure In MahaRERA Tribunal

Under the Maharashtra RERA Rules, 2017, an appeal can be filed with the help of a RERA lawyer in India before the MahaRERA Appellate Tribunal against any order passed by the MahaRERA Authority/Adjudicating Officer. An appeal can be filed with the MahaRERA Appellate Tribunal by any person aggrieved by the order or RERA Authority within 60 days from the date on which the order was received. The MahaRERA Tribunal needs to dispose of any appeal received within 60 days from the date on which the appeal was approved.

Legistify is on a mission to enable all home buyers across the country in taking legal action against defaulting builders by connecting them to the best RERA advocates in India. If you have a property matter and wish to file a complaint with MahaRERA, you can give us a call at 846-883-3013 or send us an email at [email protected] to get connected with the best RERA experts in Maharashtra.



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