Prior to May 2017, the real estate sector was quite unorganized, there was no specified procedure and prescribed time limit for complaint redressal of consumers. Though there were State acts to handle the provisions of real estate sector the legal provisions were so much ambiguous, that sometimes it takes ages for complete redressal.
Maharashtra Ownership Flat Act (MOFA) is one of the State Act to deal with such provisions within the State. MOFA is a 50-year-old act that deals with consumers grievances against the malpractice of developers.
It is lucid that if both the acts will be in force, one way or the other they may source issue in the smooth working of each other. This probably one of the reasons for which Maharashtra RERA (MahaRERA) Chairman Gautam Chatterjee has suggested to replace MOFA with some other act.
While in conversation with press RERA Chairman Gautam Chatterjee said, “We have raised the issue with the State government that there will be a problem if both the acts remain in the shape that they are in. We have asked for the replacement of MOFA, with some other act, which takes into account some of the exceptions of RERA. Things that are not covered under RERA must be covered under the new act.
Further praising both RERA and MOFA, he said MOFA was also a blessing for Maharashtra but it wasn’t advancing towards implementation stage. Even the grievance redressal was painful whereas, in RERA, redressal is immediate.
Looking back at the implementation of RERA in Maharashtra, he added MahaRERA was the only one that had 11,000 registered projects before 31/07/2017 and all through the country there were 14,000 registered projects.
In accordance with RERA, he said the regulatory authority is not restrained authority, they are trying to see how the industry will get promoted and developed in the regulated atmosphere. Moreover, he encourages the builders to complain about the bureaucrats/authorities/bodies who are delaying their projects.
Note – Please note that the above article is for education purpose only. This is based on our interpretation of laws which may differ person to person. Readers are expected to verify the facts and laws