Role and Functioning of MahaRERA Authority

The Maharashtra Real Estate Regulatory Authority (MahaRERA) was established under the Real Estate (Regulation and Development) Act, 2016 (RERA), to regulate and promote the real estate sector in Maharashtra. Its primary objectives are to ensure transparency, accountability, and efficiency in the real estate market, thereby protecting the interests of homebuyers and promoting fair practices among developers and agents.

Structure and Composition of MahaRERA

Composition

MahaRERA comprises a chairperson and several members appointed by the state government. The authority’s structure is designed to ensure that it functions efficiently and effectively in regulating the real estate sector. The composition includes:

1. Chairperson: The chairperson is the head of MahaRERA and is responsible for the overall functioning and administration of the authority. The chairperson is usually a person of high repute with extensive experience in public administration, law, or real estate development.

2. Members: MahaRERA consists of full-time and part-time members who assist the chairperson in executing the authority’s functions. These members are experts in various fields such as urban planning, architecture, civil engineering, and law. Their diverse expertise ensures comprehensive and balanced decision-making.

3. Secretary: The secretary is responsible for the administrative functions of MahaRERA and acts as a link between the authority and the general public. The secretary ensures that all processes and procedures are carried out smoothly and efficiently.

Organizational Structure

MahaRERA’s organizational structure is designed to facilitate effective governance and ensure that all functions are performed efficiently:

1. Administrative Wing: This wing handles the day-to-day administrative tasks, including registration of projects and agents, maintaining records, and ensuring compliance with regulations.

2. Technical Wing: This wing comprises experts in urban planning, architecture, and civil engineering who assess project plans, conduct inspections, and ensure that construction adheres to approved specifications.

3. Legal Wing: The legal wing deals with legal matters, including dispute resolution, enforcement of penalties, and ensuring compliance with the RERA Act. It also provides legal advice to the authority and stakeholders.

4. Finance Wing: This wing manages the financial aspects of MahaRERA, including budgeting, financial audits, and management of the escrow accounts for registered projects.

Powers and Functions of the Authority

MahaRERA is vested with significant powers and functions to regulate and promote the real estate sector effectively. These powers and functions include:

Regulatory Functions

1. Project and Agent Registration: MahaRERA ensures that all real estate projects and agents are registered before they can advertise or sell properties. This registration process involves verifying the project’s legality, financial status, and adherence to approved plans.

2. Monitoring and Compliance: The authority monitors the progress of registered projects and ensures that developers adhere to approved plans and timelines. It also ensures that agents comply with ethical practices and provide accurate information to buyers.

3. Standardization: MahaRERA sets standards for various aspects of real estate development, including project specifications, quality of construction, and financial management. These standards ensure that projects are completed as promised and that buyers receive what they were promised.

4. Transparency: The authority ensures transparency in the real estate sector by mandating the disclosure of project details, financial status, and timelines on the MahaRERA portal. This transparency helps buyers make informed decisions.

Adjudicatory Functions

1. Dispute Resolution: MahaRERA acts as an adjudicating authority for resolving disputes between homebuyers and developers. It has the power to hear complaints, conduct hearings, and pass orders to ensure that justice is served promptly.

2. Enforcement of Penalties: The authority can impose penalties on developers and agents for non-compliance with the RERA Act and MahaRERA regulations. These penalties serve as a deterrent and ensure that stakeholders adhere to the rules.

3. Revocation of Registration: In cases of severe non-compliance or fraudulent practices, MahaRERA has the power to revoke the registration of a project or agent. This ensures that only credible and compliant stakeholders operate in the market.

Advisory Functions

1. Policy Recommendations: MahaRERA provides recommendations to the state government on policy matters related to real estate development. These recommendations help shape the regulatory framework and ensure that it remains relevant and effective.

2. Guidance to Stakeholders: The authority provides guidance to developers, agents, and homebuyers on various aspects of real estate transactions, including legal requirements, financial management, and dispute resolution.

Dispute Resolution Mechanisms: Complaint Redressal Process

One of the critical functions of MahaRERA is to provide an efficient and effective dispute resolution mechanism. This mechanism ensures that grievances of homebuyers, developers, and agents are addressed promptly and fairly.

Filing a Complaint

1. Online Complaint Filing: MahaRERA provides an online platform for filing complaints. Complainants can log in to the MahaRERA portal and fill out the complaint form with details of their grievance.

2. Required Information: The complaint form requires information such as the complainant’s name, contact details, project or agent details, and a description of the grievance. Complainants can also upload supporting documents to substantiate their claims.

Processing the Complaint

1. Acknowledgment: Once a complaint is filed, MahaRERA acknowledges its receipt and assigns a unique complaint number. This number is used for tracking the status of the complaint.

2. Preliminary Examination: The authority conducts a preliminary examination of the complaint to determine its validity and whether it falls within MahaRERA’s jurisdiction.

3. Notice to Respondent: If the complaint is found to be valid, MahaRERA issues a notice to the respondent (developer or agent) to respond to the allegations within a specified period.

Hearing and Adjudication

1. Scheduling a Hearing: MahaRERA schedules a hearing where both the complainant and the respondent are given an opportunity to present their case. The hearing is conducted by the adjudicating officer or a designated member of the authority.

2. Evidence and Arguments: During the hearing, both parties present their evidence and arguments. MahaRERA may also call for additional information or documents if required.

3. Order and Penalty: Based on the evidence and arguments presented, MahaRERA passes an order to resolve the dispute. This order may include directions to the developer or agent, such as refunding the buyer, paying compensation, or completing pending work. In cases of non-compliance, MahaRERA can impose penalties or revoke the registration of the project or agent.

Appeals

1. Appellate Tribunal: If either party is dissatisfied with the order passed by MahaRERA, they can file an appeal with the Real Estate Appellate Tribunal (REAT). The REAT hears the appeal and passes a final order.

2. Further Appeals: If a party is aggrieved by the order of the REAT, they can file a further appeal with the High Court.

Conclusion

The role and functioning of MahaRERA are crucial in ensuring that the real estate sector in Maharashtra operates transparently, fairly, and efficiently. The authority’s structure and composition ensure that it is well-equipped to regulate the sector, while its powers and functions enable it to enforce compliance and address grievances effectively. Through its robust dispute resolution mechanisms, MahaRERA provides a platform for homebuyers, developers, and agents to resolve their disputes promptly and fairly. By fostering a regulatory environment that promotes trust and reliability, MahaRERA continues to play a pivotal role in transforming Maharashtra’s real estate landscape and protecting the interests of all stakeholders.