MahaRERA conciliation and dispute resolution forum

INTRODUCTION

Under Section 32(g) of the Real Estate (Regulation and Development) Act, 2016, Maharashtra Real Estate Regulatory Authority must take measures to facilitate amicable conciliation of disputes between promoters and the allottees through dispute settlement forums set up by the consumer or promoter associations.

Vide Circular No. 15/2018, dated 29th January, 2018, the Maharashtra Real Estate Regulatory Authority, has formed 'MahaRERA Conciliation and Dispute Resolution Forum' (herein after referred to as 'Forum' ) to facilitate resolution of disputes amicably, thereby saving cost and time of litigation to parties and state.

OBJECTIVES OF THE FORUM

1. Constitute/ establish panel of eminent Conciliators representing consumer's association and promoter's associations.
2. To promote and popularize the amicable and effective settlement of disputes arising with reference to Real Estate (Resolution and Development) Act 2016, under various Alternate Dispute Resolution mechanism.
3. To popularize conciliation as an effective dispute resolution mechanism with moderate cost (cost effective) and speedy settlement of commercial disputes.
4. To Co-ordinate/ assist ADR proceedings by establishing facilities and providing administrative services.

CORE COMMITTEE OF THE FORUM

• The Core Committee has been established to guide and monitor the functioning of the Forum.
• The Core Committee will be headed by the MahaRERA Secretary, and 2 representatives each of Mumbai Grahak Panchayat, NAREDCO, MCHI and CREDAI.
• MahaRERA Secretary shall be the chairperson and sha1l have the powers of general superintendence, in addition to presiding over the meetings of the Core Committee and exercise and discharge such administrative powers and functions of the Forum as may be needed from time to time.

COMPOSITION OF CONCILIATION BENCH

• Initially, there will be 10 Conciliation Benches set up for Mumbai Metropolitan Region (MMR) and 5 Benches for Pune Region.
• Each Bench will have one Conciliator of MGP and one from either NAREDCO or MCHI or CREDAI.
• NAREDCO, MCHI & CREDAI have agreed to forego any honorarium from the Forum.
• Conciliators from MGP will be given an honorarium of Rs. 5000/- per case heard by them.

LOCATION OF CONCILIATION BENCH

PROCEDURE FOR CONCILIATION

• Only Disputes between promoters and allottees which are under purview of Real Estate (Development and Regulation) Act,201,6, Rules and Regulations made thereunder shall be admissible by the Forum.
• The Party initiating the Conciliation will file his/her on-line application and the same will be automatically emailed to the other side party.
• The other side party has to convey his consent for Conciliation within 7 days.
• On receipt of the consent from the other side party, the first party shall make payment of Fees (Rs. 1000/- plus GST).
• Thereafter, the matter will be referred to the appropriate Conciliation Bench and the Parties will be intimated the Date, Time and Venue of the Hearing.
• Both parties are expected to be present in person or through their authorized representatives.
• Both the Conciliators will facilitate resolution of dispute between the parties in an informal and amicable manner.
• If the parties agree to any settlement, the Consent Agreement will be drawn, which will be signed by the Parties concerned and the Conciliators.
• The settlement agreement arrived with the consensus of the parties shall be binding on both the parties. If compliance-to the settlement order is not done, due cognizance of the non-compliance will be taken into account in the future proceedings of MahaRERA, if the aggrieved parties approaches MahaRERA.
• In case, the Parties fail to reach an amicable settlement, the Conciliation process will stand terminated and the Parties concerned will be at liberty to pursue their dispute before MahaRERA Dispute Redressal mechanism or before any other Court or forum.
• The online application for applying in the Conciliation Forum will commence from 1st February 2018.

CONCLUSION

As seen earlier, MahaRERA has been a trendsetter and already set a benchmark in India with the huge compliance and widespread reach of MahaRERA in the State of Maharashtra. The number of complaints received by MahaRERA are in abundance having similar facts or demands. Involvement of both consumer' s association and promoter' s associations is ensuring unbiased conciliation rewards and achieve the objective of growth in real estate sector.