RERA complaint against the unregistered projects in Maharashtra


After the implementation of Real Estate (Regulation and Development) Act, 2016 there was a confusion about filing of RERA complaint against the unregistered projects. As a year has passed since implementation of the real estate law the conclusion has been drawn by the RERA authorities of different states that complaint having nexus with unregistered complaint will fall under the jurisdiction of RERA.

Lately, MAHARERA has also decided to entertain the complaint of unregistered projects and to make it easy for the aggrieved buyers the regulator has set up the system of online payment for hearing the complaints against the unregistered projects.

It was stated in a vide circular which was signed by Dr. Vasant Prabhu, Secretary, MAHARERA, that MAHARERA is in the process of adding the facility of online payment for the RERA complaints against the unregistered project.

In MAHARERA there are now more than 17000 registered projects under the ambit of the authority but there are also a large number of unregistered projects in the State against which there are many aggrieved home buyers who wish to reach before the RERA Authority.

Moreover, the RERA Authority of Maharashtra has added a category wherein the one can inform the authority about the project which is not registered and at the same time can present his case before the MAHARERA Authority by paying the fee of Rs.5000. Erstwhile, to inform about the unregistered project the complainant has to send an mail to the authority and thereafter authority will direct the promoter to register the project.

As per rule MAHARERA will keep the details of the complainant confidential and on every genuine complaint they will take a strict action against the promoter but later on in case if a complaint is presented against the same promoter the details may not be kept confidential as authority proceedings and orders are part of public record.

Disclaimer – Please note that the above articles is based on the interpretation of related laws and judicial pronouncement which may differ from person to person. The reader are expected to take the expert opinion on the matter.

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