Lawyers will provide legal assistance to the distressed homebuyers for free.

Abhay Shah - January 28, 2020

Maharashtra RERA Rules in Place to Protect Homebuyers from May 1

Maharashtra Real Estate Regulatory Authority (MahaRERA) lawyers decided to provide home buyers with free legal consultancy and support in court from February 1.

The Bar Association-run Legal Aid Cell advocates will serve those in need of help in the logjam between builders and homebuyers. The members have held several seminars to raise awareness about the RERA Act, 2016, and MahaRERA.

The Legal Aid Cell is a natural extension of a social cause, the bar association secretary Anil D’Souza said.

Free legal help can benefit litigants who are unable to pay high fees for advocates as well as those who are unaware of legal procedures. The petitioner will only be required to pay MahaRERA Rs 5,000 as fees to file the complaint. This is in addition to the conciliation option which MahaRERA already provides to litigants as an alternative dispute resolution (ADR) mechanism. The buyer just needs to pay Rs 1,000 as the fee, making it one of the cheapest options.

A collection of 15-20 members is being prepared by the Bar Association which will assist consumers. The list would be either listed on a different website created by the group, or on the website of MahaRERA. Although covering Mumbai would be the first step, the remaining cities will be covered with the help of association members, D’Souza said.

With the most project registrations with MahaRERA at 23,795, the number of cases dealt with is 7,000, compared to a total of 9,490 registered cases. D’Souza said although litigants are encouraged for self-representation, some litigants are unable to present their grievances in the proper manner and format.

Members found many inconsistencies in the portrayal of the case such as purchasers who did not submit the complete data and proper information with their complaint.

The information includes the exact amount paid, dates of payment, specific information found in the registered agreement like date of possession, and especially if the registered agreement permits a term of grace.

Furthermore, the registered arrangement contains certain terms and conditions previously decided upon and agreed by the flat purchasers. Those important details are known when the presiding/ adjudicating officer interrogates the concerned parties. “All this adds to an immense delay and infuriates the system,” shared D’Souza.

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One thought on “Lawyers will provide legal assistance to the distressed homebuyers for free.”

  1. Anupama says:

    Do you think it should be compulsory or the buyer should be given an option to either accept or reject guidance on a very minimal fee from MahaRera litigators before signing papers?

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