RERA

Overview

The Real Estate (Regulation and Development) Act, 2016 protects buyers of flats, plots and commercial units in registered real estate projects. In Maharashtra, complaints are heard by the Maharashtra Real Estate Regulatory Authority (MahaRERA).

The Counsel files and defends complaints for delayed possession, refund with interest, structural defects and breach of the agreement for sale. We also represent clients in appeals before the Maharashtra Real Estate Appellate Tribunal and in execution of RERA orders.

Services

Delayed Possession — Interest Claims

Refund with Interest on Withdrawal

Structural Defect Complaints

Agreement for Sale Review

Project Registration Verification

Complaints by Allottee Associations

Appeals before the Appellate Tribunal

Execution & Recovery of RERA Orders

MahaRERA Complaint Process

Review of Documents

We review the agreement for sale, payment receipts, allotment letter and correspondence with the promoter, and check the project registration on the MahaRERA website.

Notice to the Promoter

Where useful, a legal notice is sent to the promoter setting out the breach and the relief claimed.

Online Complaint

A complaint is filed online on the MahaRERA portal with the supporting documents and the prescribed fee.

Conciliation (Optional)

Parties may opt for conciliation before the MahaRERA Conciliation Forum to settle the dispute.

Hearing & Order

The Authority hears both sides and passes an order, which can include interest for delay, refund, compensation or directions to the promoter.

Appeal or Execution

An aggrieved party may appeal to the Maharashtra Real Estate Appellate Tribunal. If the promoter does not comply, the order can be executed through recovery proceedings.

Check the Project Registration

Before booking, confirm that the project is registered with MahaRERA and that the registration number appears on the advertisement and the agreement for sale.

Applicable Legislation

Real Estate (Regulation and Development) Act, 2016
Maharashtra Real Estate (Regulation and Development) Rules, 2017
Maharashtra Ownership Flats Act, 1963
Consumer Protection Act, 2019 (alternative remedy)

Frequently Asked Questions

The builder has delayed possession. What are my options?

Under Section 18 of the RERA Act, an allottee can either withdraw from the project and claim a refund with interest, or continue and claim interest for every month of delay until possession is handed over.

Can I complain if the project is not registered with RERA?

Projects that require registration but are not registered are in breach of the Act. A complaint can still be made to MahaRERA, and other remedies such as consumer or civil proceedings may also be available depending on the facts.

What if defects appear after I take possession?

If structural defects or defects in workmanship are reported within five years of possession, the promoter must rectify them without further charge within 30 days. If the promoter fails to do so, the allottee can claim compensation.

Can I approach a consumer commission instead of RERA?

Courts have held that a home buyer may choose either RERA or the consumer commission. The right forum depends on the relief you need and the stage of the project. We advise on which forum suits your case.