MahaRERA Conciliation Forum: Legality Upheld Amidst Controversy

Mumbai Grahak Panchayat supports MahaRERA Conciliation Forum, citing Section 32 of RERA 2016. FPCE raises concerns over forum's legality, seeking Ministry of Housing and Urban Affairs' intervention.

MahareraConciliation ForumReraMumbai Grahak PanchayatFpceReal Estate PuneSep 19, 2024

MahaRERA Conciliation Forum: Legality Upheld Amidst Controversy
Real Estate Pune:The Maharashtra Real Estate Regulatory Authority (MahaRERA) Conciliation Forum has been at the center of controversy, with an association of homebuyers questioning its legality. However, Mumbai Grahak Panchayat (MGP) chairman Shirish V Deshpande has come out in support of the forum, citing its legitimacy under the Real Estate (Regulation and Development) Act 2016 (RERA).

Section 32 of RERA mandates state RERA authorities to recommend measures to facilitate amicable conciliation of disputes between promoters and allottees through a dispute settlement forum set up by the consumer or promoters association. Deshpande pointed out that MahaRERA Conciliation Forum originates from this section, making it very much within its Act.

MGP had requested MahaRERA to set up a conciliation forum, which was started after due deliberations with promoters' association and notified on January 29, 2018. The Forum for Peoples' Collective Efforts (FPCE), a nationwide homebuyers' association, raised concerns over MahaRERA's decision to form a conciliation forum aimed at resolving disputes between homebuyers and builders in Maharashtra.

Frequently Asked Questions

What is MahaRERA Conciliation Forum?

MahaRERA Conciliation Forum is a dispute settlement forum set up by MahaRERA to resolve disputes between homebuyers and builders in Maharashtra.

Is MahaRERA Conciliation Forum legal?

Yes, MahaRERA Conciliation Forum is legal and originates from Section 32 of RERA 2016, which mandates state RERA authorities to recommend measures to facilitate amicable conciliation of disputes between promoters and allottees.

Who can participate in MahaRERA Conciliation Forum?

Only two conciliators — one from MGP and another from either National Real Estate Development Council, Confederation of Real Estate Developers Associations of India or Maharashtra Chamber of Housing Industry — participate in MahaRERA Conciliation Forum.

What are the advantages of settlements through conciliations?

Settlements through conciliations usually do not take more than 3-4 sessions, thereby saving a lot of time and money. Since these are mutually agreed terms of settlement between disputing parties, there is no question of either party going into appeal against it.

What are the penal provisions under RERA for non-compliance?

Sec. 63 provides a penalty for every day of non-compliance, which may cumulatively extend up to 5% of total project cost.

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