Monday, May 22, 2017

Will MahaRERA resolve flat buyers' complaints against builders in 60 days?

"I am worried ..... Will MahaRERA really give justice to victims of builders ..... Will MahaRERA be an illusion of justice ..... Will MahaRERA be a mirage .... a false hope ..... Will MahaRERA be able to resolve flat buyers' complaints against builders in 60 days?" - asks Advocate Shirish Deshpande, Chairman, Mumbai Grahak Panchayat.


Will MahaRERA be able to resolve flat buyers' complaints against builders in 60 days?" - asks Advocate Shirish Deshpande, Chairman, Mumbai Grahak Panchayat


One of the good things about Real Estate (Regulation and Development) Act, 2016 is speedy & efficient disposal of flat buyers' complaints. Section 29 of the Act says that RERA Regulator shall dispose of the complaint within a period of 60 days from the date of receipt of complaint.

How many days? 60 days!

A flat buyer's complaint against the builder will be resolved in 60 days!!

Is this a gimmick or a legal commitment?

In 1986, when Consumer Protection Act was passed - we were given the same kind of assurance - consumer complaints will be resolved in 90 days!

But in the last 30 years - all of us have seen how efficient & speedy consumer courts are.

Justice delayed is justice denied.

That's why - in the presence of all of you - I want to question Mr. Gautam Chatterjee, Chairman of MahaRERA - There is a provision of expeditious disposal of complaints in the RERA Act passed by the central government - but - Mr. Chatterjee - are you in a position to resolve flat buyers' complaints against builders in 60 days?

Will MahaRERA resolve flat buyers' complaints against builders in 60 days or will it be a daydream - a mirage - an illusion?

Will MahaRERA be able to deliver justice to the flat buyers or will it be a one more big disappointment?

Advocate Shirish Deshpande, Chairman, Mumbai Grahak Panchayat asked Mr. Gautam Chatterjee, Chairman of MahaRERA, in an event organized last weekend. The name of the event was - "Unfolding MahaRERA" - रेरा कायद्यात दडलंय काय?. Adv. Deshpande was expressing his expectations from MahaRERA.

Adv. Deshpande, the host of the event, not only expressed his concern, he offered the solution too.

Appoint more number of adjudicating officers, he suggested.

From the 1st of August 2017, there would be a big flood of complaints against the builders. Most of these complaints can be resolved by the adjudicating offices. As a chairman you have the power to appoint adjudicating officers. Exercise that power.

And before appointing adjudicating officers from the judiciary - arrange an orientation programme for them. Because, MahaRERA would be effective only if they realize the importance of social justice.

Otherwise, the process of resolving complaints would become a legal battle which builders' lawyers can easily win. Builder's lawyers will use all their legal expertise & experience to defeat the flat buyers.

See that the adjudicating officer understands the intention behind implementing MahaRERA - to protect the interests of the flat buyers.

What we all expect from MahaRERA is social justice. If you need more time to deliver it - we don't mind.

Instead of 60 days - take 90 days.

We don't mind even if you take 120 days.

Because for us most important question is - Will MahaRERA disappoint us like the Consumer Protection Act or will it really protect the interest of the flat buyers by offering speedy & efficient justice? Asked Adv. Deshpande.

What say you?

Will the politicians & bureaucrats take strict action against the 3rd member of their nexus - the builders in Pune?

And for whom? For the urban middle class?

To win the votes of urban middle class in Pune - IPL - 20 Twenty Matches, malls, roads, flyovers, metro & airport is more than enough.

We want development. We don't bother about justice.

Right?

Please, share your views in the comments.

Related Story:


1) The Maharashtra Real Estate Rules; Latest victim of Bureaucracy & Builder nexus

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3 comments:

  1. There are legal provisions for everything, including heinous crimes like murder. Where the issue gets stuck is when process to deliver justice is delayed due to red tapism. RERA is indeed a welcome step, no doubt but I am 100% sure that whatever builders will now be left in the market will go to any extent to ensure that the case drags on & on. We will know how good RERA is or not after say 1.5-2 years when actual case studies will be there to see the effectiveness. Let's first see what happens to buyers who are already stuck in under-construction projects & how RERA helps them.

    Eg. Builder booked for cheating buyers -

    Vyomesh Shah of Hubtown Ltd accused of defrauding 900 buyers in Thane project.

    http://www.asianage.com/metros/mumbai/020517/builder-booked-for-cheating-buyers.html

    Till then, why become guinea pig for RERA's first batch ? Therefore, unless we see the loopholes & get those fixed, it is recommended to buy ready for possession flats only with all approvals.

    Btw, one important news for readers here, which is not even covered in most of the news.

    Real estate projects that fail to register by July 31 will become ‘unauthorised’ -

    Builders beware! If you don’t register your projects under the new Real Estate (Regulation and Development) Act by July 31, it will be deemed as ‘unauthorised’ construction by the real estate regulator.

    http://www.moneycontrol.com/news/business/companies/real-estate-projects-that-fail-to-register-by-july-31-will-become-unauthorised-2271723.html

    ReplyDelete
    Replies
    1. Hello TheMonk! 1.5 - 2 years are not enough to know how good MahaRERA is. Looking at news of Hubtown Greenwoods at Thane, for sure, we have to wait for minimum 8 - 10 years to know the effectiveness of MahaRERA. Because the flat buyers take time to complaint. The flat buyers in Hubtown Greenwoods Thane were waiting from 2011 to 2017 to file an FIR! - “There are total six wings in the whole project where around 900 buyers were promised possession in phases between 2011 and 2014 but none have got possession till date. We’re fed up of this and have finally complained now.”

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  2. RERA’s first catch: Chembur real estate agent fined Rs 1.2 lakh -

    The Authority’s order states that the consultant was guilty of advertising a project which is yet to be registered with it. Advertising for sale of flats in projects that are not registered with the Authority is a violation under the rules of the regulatory body, which came into effect on May 1.

    http://indianexpress.com/article/cities/mumbai/rera-first-catch-chembur-real-estate-agent-fined-rs-1-2-lakh-4690739/

    ReplyDelete