MahaRERA forum to resolve disputes

As per a new circular by the Maharashtra Real Estate Regulatory Authority (MahaRERA), if the authority or an adjudicating officer feels that there is a possibility of settlement between the disputing parties via conciliation then they may refer the case to the Conciliation and Dispute Resolution Forum.

This means that even during the hearing, if there is a chance of finding an amicable solution, it could be settled by the forum.

The circular stated that in some complaints, parties are required to undertake conciliation process so as to ensure participative decision making, preservation of ongoing relationships, and mutually win-win solution.

MahaRERA is duly empowered u./s 38(2) of the Real Estate (Regulation and Development) Act 2016 to regulate its own procedure therefore, to facilitate alternate dispute resolution, a set of guidelines was issued and brought into effect.

The guidelines stated that when a complaint is being heard by the housing authority or an adjudicating officer of MahaRERA and the said authority is satisfied that there is a possibility of settlement by way of conciliation, then with the consent of both the parties involved, it may refer the complaint to a designated bench of the Maharashtra Conciliation and Dispute Resolution Forum.

The circular also mentioned that while referring the complaint, the said authority shall provide a lime period before which the conciliation panel should submit its report. The conciliation panel shall make sincere effort to complete the conciliation proceedings before the deadline fixed in the matter and submit its report to the said authority.

Maharashtra Conciliation and Dispute Resolution forum was established on January 29, to facilitate resolution of disputes amicably.

Till now the conciliation forum has received 601 requests for conciliation. of which conciliation for 181 is completed, for 307 requests the forum has received the consent of the promoter, while 66 cases are in the process of hearing.