Decoding MahaRERA: Authority, Adjudicating Officer, & Appellate Tribunal Explained (By CA Lalit Pawar)
The Maharashtra Real Estate Regulatory Authority (MahaRERA) is the cornerstone of a transparent and accountable real estate sector in Maharashtra. Created under the Real Estate (Regulation and Development) Act, 2016 (RERA), MahaRERA aims to protect homebuyers’ interests, promote fair practices, and ensure the efficient functioning of the industry.
A key aspect of understanding MahaRERA is knowing its organizational structure and the distinct roles played by its constituent bodies: the Authority itself, the Adjudicating Officer, and the Real Estate Appellate Tribunal.
As a Chartered Accountant and RERA consultant based in Maharashtra, I, CA Lalit Pawar, often guide clients through this intricate system. Let’s break down the structure of MahaRERA and explore the functions of each core component.
ποΈ The Tripartite Structure: A System of Checks and Balances
MahaRERA is structured around a three-tiered system designed to ensure effective regulation, dispute resolution, and enforcement of the RERA Act. This framework allows for different levels of intervention depending on the nature and complexity of the issue at hand. The three key components are:
- The MahaRERA Authority: The primary regulatory body.
- The Adjudicating Officer: Responsible for deciding on compensation claims.
- The Real Estate Appellate Tribunal: Handles appeals against orders from the Authority or Adjudicating Officer.
1. The MahaRERA Authority: The Regulatory Core
The MahaRERA Authority serves as the apex body, responsible for the overall regulation and promotion of the real estate sector in Maharashtra. It is headed by a Chairperson and comprises other members appointed by the state government. This Authority is the first port of call for many issues.
- Core Functions: The MahaRERA Authority has a wide range of responsibilities, including:
- Project Registration: Mandating and managing the registration of all eligible real estate projects, ensuring they meet RERA requirements before being marketed or sold. This registration process involves detailed project information to enhance transparency.
- Real Estate Agent Registration: Registering real estate agents operating within the state, ensuring they are qualified and accountable.
- Regulation of Promoters: Actively monitoring and regulating the activities of promoters (developers) to ensure they comply with RERA regulations and act in the best interests of homebuyers.
- Promoting Transparency: Making project information readily accessible to the public through its online portal, fostering transparency and informed decision-making.
- Dispute Resolution (Conciliation): Facilitating the amicable settlement of disputes between homebuyers and developers through a conciliation process, providing a platform for negotiation and resolution.
- Policy Making: Formulating policies and guidelines to promote the orderly growth and development of the real estate sector, adapting regulations to meet evolving needs.
- Imposing Penalties: Imposing financial penalties and taking other enforcement actions against promoters, real estate agents, and other stakeholders who violate RERA regulations.
- Public Awareness: Undertaking public awareness campaigns to educate homebuyers about their rights, responsibilities, and the protections offered by RERA.
- Powers: The MahaRERA Authority possesses broad powers to investigate complaints, conduct inquiries, issue binding directions, and impose penalties to ensure compliance and protect consumer interests.
2. The Adjudicating Officer: Deciding Compensation Claims
When disputes involve claims for compensation due to project delays, construction defects, or other violations of RERA regulations, the matter is referred to the Adjudicating Officer. This officer is appointed by the MahaRERA Authority and acts as a specialized decision-maker in these types of cases.
- Key Functions: The Adjudicating Officer’s primary role is to:
- Hear Compensation Claims: Hear and decide on claims for compensation filed by homebuyers against promoters.
- Determine Compensation Amounts: Assess the specific facts and circumstances of each case to determine the appropriate amount of compensation to be awarded.
- Issue Orders for Payment: Issue binding orders directing promoters to pay the determined compensation to homebuyers.
- Powers: The Adjudicating Officer has the authority to summon witnesses, examine relevant documents, and conduct thorough inquiries to reach a fair and just decision.
3. The Real Estate Appellate Tribunal: The Forum for Appeals
The Real Estate Appellate Tribunal serves as an appellate forum, providing an avenue for parties to challenge the orders issued by the MahaRERA Authority or the Adjudicating Officer. This ensures that there is a mechanism for independent review and that decisions are made fairly and in accordance with the law.
- Key Functions: The Appellate Tribunal is responsible for:
- Hearing Appeals: Hearing appeals against orders passed by the MahaRERA Authority and the Adjudicating Officer.
- Reviewing Orders: Thoroughly reviewing the orders under appeal to ensure they are legally sound and factually supported.
- Modifying or Setting Aside Orders: Possessing the power to modify, overturn, or set aside the orders of the MahaRERA Authority and the Adjudicating Officer if they are found to be erroneous, unjust, or inconsistent with the law.
- Issuing Final Orders: Issuing final and binding orders that resolve the appeal and provide a definitive resolution to the dispute.
- Powers: The Appellate Tribunal has the authority to summon witnesses, examine documents, and conduct inquiries as necessary to resolve appeals fairly and effectively.
Navigating the System: Understanding the Process
In practice, the MahaRERA process often follows this sequence:
- Complaint Filing: A homebuyer with a grievance files a complaint with the MahaRERA Authority.
- Conciliation (Attempted): The MahaRERA Authority attempts to resolve the dispute through conciliation.
- Adjudication (if Necessary): If conciliation fails and the issue involves compensation, the case is referred to the Adjudicating Officer.
- Appeal (if Desired): Any party dissatisfied with the order of the Authority or Adjudicating Officer can appeal to the Real Estate Appellate Tribunal.
(A flowchart visual in the blog post would be helpful to illustrate this process)
Conclusion: Empowering You Through Knowledge of MahaRERA’s Structure
Understanding the structure and functions of MahaRERA, including the roles of the Authority, the Adjudicating Officer, and the Appellate Tribunal, is essential for anyone involved in the real estate sector in Maharashtra. Whether you’re a homebuyer seeking to protect your rights or a developer striving for compliance, knowing how to navigate this system is crucial for success. By understanding the different avenues for resolution, you can effectively address concerns, protect your interests, and contribute to a fairer and more transparent real estate market.For More information, please refer original order @ MahaRERA Website:
Blog by CA Lalit Pawar
Decoding MahaRERA: Authority, Adjudicating Officer, & Appellate Tribunal Explained (By CA Lalit Pawar)
Disclaimer: This blog provides general information about the structure of MahaRERA. For specific legal advice and guidance related to your situation, please consult with a RERA expert like or refer to the official MahaRERA website (maharera.mahaonline.gov.in).
Note: As per ICAI guidelines, please remember that this content is for informational purposes only and does not constitute professional advice. Consult a qualified professional for specific guidance related to your situation.