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MahaRERA, the regulatory body established to ensure justice for homebuyers, currently has a staggering 6,989 cases
in the pipeline out of a total 21,274 cases filed to date. This considerable backlog, which is causing considerable stress
for homebuyers, is raising serious concerns about the efficiency of the authority.
One such harrowed homebuyer is Jayshree Sukhadia, a resident of Chira Bazaar. Sukhadia approached MahaRERA in
October 2020, when a project promoter in Neral allegedly demanded extra fees and refused to return an advance of
INR 13 lakh that she had paid for a flat in 2017. Her case was heard for the first time in October 2021, a full year after
filing the complaint, and was subsequently referred to the conciliation forum. However, after the conciliation failed in
March 2022, she has yet to receive a new hearing date.
Sukhadia's predicament mirrors that of thousands of other homebuyers seeking timely justice from MahaRERA. The
delay in hearing complaints has been so significant that some homebuyers are now opting to file complaints with
consumer courts instead of MahaRERA.
According to MahaRERA officials, the delay in hearing and resolving complaints is largely due to a shortfall in
regulatory authority staff. Only two members, including the chairman, are currently available to hear complaints,
leading to an alarming backlog. Despite widespread protests and appeals, the state government has not yet replaced
members who have completed their terms.
Anil Dsouza, secretary of the MahaRERA Bar Association, voiced his concern over this issue, stating that while other
courts usually schedule the next hearing within two to three months, in MahaRERA, setting a date for the next hearing
often takes more than a year. Matters are frequently adjourned indefinitely, contributing to the growing list of
unresolved cases.
The regulatory body receives roughly 300 new complaints every month. However, the two available benches can only
dispose of an equivalent number of cases, leading to a standstill. A MahaRERA official noted that while the
government had attempted to appoint more members, the efforts did not materialize for various reasons. He suggested
that even one additional appointment could help alleviate the backlog.
Advocate Godfrey Pimenta of the Watchdog Foundation stressed that the Real Estate (Regulatory and Development)
Act, 2016, mandates that the authority should consist of a chairperson and at least two full-time members appointed by
the government. He also emphasized that the act stipulates a 60-day period for complaint resolution, which is currently
impossible due to the unfilled vacancies in MahaRERA. Pimenta suggested that appointing members with a judicial
background could potentially address this issue.
In conclusion, the plight of homebuyers caught in MahaRERA's backlog underscores the urgent need for increased
manpower within the regulatory body. The state government's prompt attention to this issue could significantly
improve the situation and restore confidence in MahaRERA's capacity to efficiently dispense justice.
This story was first published in ET Realty
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