Seniority of complaints before MahaRERA

PUBLISHED ON: 22-06-2021

• MahaRERA had vide Circular No. 30 dated 18.05.2021 (available here) streamlined the process of disposal of complaints filed before MahaRERA by clarifying the issue pertaining to seniority of a complaint filed before the MahaRERA.
• As per the above stated Circular No. 30, All complaints before MahaRERA are to be referred to the MahaRERA Conciliation Forum only  after consent of the parties in a hearing before the Authority, and in case of unsuccessful conciliation between the parties the complaint would be transferred back to the MahaRERA, and the seniority of the complaint would be decided as per the date of filing/registration of the complaint before MahaRERA.
• MahaRERA by its Circular No. 33 dated 21.06.2021 (available here), clarified that complaints where consent of the parties has been obtained in a hearing before the respective single benches of the Authority may be referred to MahaRERA Conciliation Forum.
• • MahaRERA has vide Circular No. 34 dated 21.06.2021 (available here) reemphasised that complaints filed before MahaRERA shall be heard and decided on merits by the respective single benches of MahaRERA or the Adjudicating Officer (as the case may be) as per the seniority decided as per the date of filing / registration of the complaint, except in certain cases:
  1. where a complainant is suffering a serious life-threatening illness and an application in that regard has been made along with a copy of the doctor’s certificate;
  2. where a superior forum, tribunal, court directs that the complaint is to be disposed off in a fixed time;
  3. where complaints in respect of the same project are clubbed together for hearing, then in that event, the seniority of the clubbed complaints shall be the date of filing/registration of the complaint filed first in point of time from amongst the clubbed complaints; or
  4. where disputes have been settled between the parties before the conciliation bench. 
  • Other than as stated above, if due to unavoidable circumstances or in special circumstances, the seniority of any complaint has to be changed, a proper reason / justification shall be submitted before the Hon’ble Chairperson of MahaRERA and only on the  approval of the Hon’ble Chairperson of MahaRERA, the seniority of such complaint could be changed.