Over 8,000 Complaints Pending Resolution at Maharashtra RERA

MUMBAI: The Maharashtra Real Estate Regulatory Authority (MahaRERA), established to address real estate consumer grievances, is now under scrutiny as homebuyers struggle to get relief.

With over 8,000 complaints pending and delays in executing orders—such as recovery warrants by revenue authorities—experts argue that MahaRERA lacks enforcement power and needs to take stronger action.

Consider the case of homebuyer Sumeet Mehta, who has been waiting since January 2024 for MahaRERA’s order to be implemented.

The regulator had directed the builder to sign a sale agreement for his Goregaon project, where Mehta had already paid 75% of the cost. Despite additional penalties imposed for non-compliance, neither the agreement nor the penalty collection has been enforced.

In another instance, MahaRERA ordered a developer to register a sale agreement and pay interest for delayed possession. When the builder ignored the directive, the matter was escalated to the district judge in Dindoshi.

Several cases have faced similar delays, with some complaints pending for over two years due to the limited number of MahaRERA board members.

“Many complaints filed in 2021 and 2022 are still awaiting hearings. Cases often take up to 18 months just to be scheduled. While MahaRERA Chairman Manoj Saunik is making efforts to speed up the process—hearing a record number of cases last Monday—the government must increase the number of members and implement a more efficient system for resolving disputes,” said Ramesh Prabhu, a homebuyer representative at MahaRERA.

A major concern remains the enforcement of MahaRERA’s rulings. When developers fail to pay interest, compensation, or refunds, the regulator issues recovery warrants, which revenue authorities are responsible for executing.

However, across Maharashtra, recovery warrants worth ₹771 crore remain unexecuted, largely due to inaction from revenue officials, lawyers claim.

One such case is that of Arun Sheth, an 80-year-old homebuyer awaiting the recovery of ₹78 lakh from a 2019 MahaRERA order. Despite warrants being issued, no action has been taken for six years.

Advocate Anil Dsouza highlighted that MahaRERA has begun strengthening its regulatory scope by directing allottees to approach civil courts for sale agreement enforcement.

Additionally, the Maharashtra Real Estate Appellate Tribunal (MREAT) recently ruled that a builder who ignored its orders should serve three months in jail—a significant move towards stricter enforcement.

While MahaRERA officials insist their role is limited to issuing recovery warrants, they have taken a positive step by appointing an additional collector-rank officer and retired tehsildars to follow up with revenue authorities.

However, enforcement remains a challenge. “Even orders related to registering sale agreements, repairing damages, or allotting parking spaces often go unimplemented,” said a lawyer practicing at MahaRERA.

Compared to MahaRERA, the Consumer Protection Act provides stricter consequences for non-compliance, including imprisonment ranging from one month to three years and fines between ₹25,000 and ₹10 lakh.

In a recent case, a district consumer commission sentenced an engineer-builder to three years in jail for defying a 2019 order, along with imposing fines.

Homebuyers continue to hope for a more efficient and proactive MahaRERA that ensures justice is not just promised, but delivered.