Complainants moved HC since non-execution application before the MahaRERA has been pending since February 2020
Experts said the main challenge before the MahaRERA is to make defaulting builders abide by its orders. Representation pic
The Bombay High Court has recently passed an order telling the MahaRERA to dispose of a non-execution application, which was pending before the body since February 2020. Lawyers for the plaintiff said numerous other cases are pending before the quasi-judicial body for months, delaying the process of imparting justice to the litigants.
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The case
The Bombay HC issued the order on January 10 while hearing the case wherein the plaintiff alleged that developer/s M/s Shreeji Developers and three others did not honour a MahaRERA order dated August 31, 2018 directing the developer to pay interest for delayed possession to three complainants. In view of this, the complainants again approached MahaRERA with a non-execution application in February 2020, but the case has not been heard yet, pushing the complainants to move the high court.
The division bench of Bombay HC in the order stated, “We are mindful of the large number of the matters that are before the MahaRERA. Accordingly, we only request—but do not direct—the 1st respondent (MahaRERA) to grant the petitioners’ application all possible priority, subject to other fixed matters or part-heard matters and to endeavour to dispose of these applications as expeditiously as possible and preferably by 28th February, 2022.”
Purpose for RERA defeated
“The cases prior to COVID-19 used to get disposed of within three to four months, but are now taking much more time, even up to two years in some cases, due to absence of members,” said Advocate Godfrey Pimenta, who practises in MahaRERA. He added, “The mandate of 60 days to dispose of the cases under RERA is not adhered to. As such justice delayed is justice denied.
Chartered Accountant Ramesh Prabhu, founder chairman of Maharashtra Societies Welfare Association, said, “The execution of orders by MahaRERA has become a big challenge. MahaRERA on receipt of complaints about non-execution of the order issues warrant-cum-recovery certificate against the promoter. Such warrants are transferred to the district collector to recover the amount as arrears of land revenue under Maharashtra Land Revenue Code, 1966. Unfortunately, the collectors of the district do not take required proactive steps to recover the amount. Therefore, the litigants have to file writ petitions before the HC and this involves huge litigation costs.”
Prabhu added, “As per data available (December 2021), complaints against registered projects filed till date are 15,593 of which 10,189 orders are passed. The pending complaints against registered projects are 5,404 and are increasing day by day. Hearings dates are given after a gap of six to nine months, whereas law stipulates that complaints be disposed of within 60 days. Complaints filed against unregistered projects are 839 of which 784 are disposed of with a pendency of 55 cases.”
Solicitor Stuti Galiya said, “The whole purpose of constituting special tribunals was expected to be a game-changer. However, this hope was short lived as it seems the objective of expedited and fast disposal of matters is not being fulfilled.”
Reactions
“This is a well-timed order to address the pendency of cases before MahaRERA. The more important issue before the MahaRERA now is the execution of its orders. This needs immediate attention as promoters should not and cannot take MahaRERA orders lightly,” said Anil D’Souza, secretary, MahaRERA Bar Association.
Advocate Vinod Sampat, founder president of Flat Users Residents ‘Welfare Association, said, “It is common knowledge that MAHARera is overburdened with work, this results in a situation whereby litigants have to suffer. The issue is that a common flat purchaser has limited resources and he cannot have the luxury of going to the HC at the drop of a hat.”
February
Month by which MahaRERA to dispose of the case
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