Wait for MahaRERA hearing dates keeps getting longer

Apart from projects getting stuck, litigants also alleged that developers have not complied with MahaRERA order. Representation pic

Litigants at MahaRERA have expressed concerns about the delay in getting hearing dates, which are scheduled around six to nine months later. This is in addition to the fact that many of the litigants get a hearing date only after a year since filing their complaints with the quasi judicial body. Even as there are over 5,000 cases pending, only two benches are functional at the moment. In view of this, there is a rising demand for appointment of additional benches as the pendency of cases with MahaRERA is increasing with each passing day.

‘Have to wait for 8 months'

Pradeep Vallia, who is living in a rented flat paying Rs 30,000 per month in Kandivli, had booked a 4BHK flat on the 21st floor Evershine Cosmic in Andheri West in 2013 by paying Rs 1.5 crore of the total Rs 2.38 crore. He was supposed to avail bank loan for the remaining amount, but fortunately he did not as the project has come to an abrupt halt. Vallia and several other flat buyers had first approached MahaRERA in December 2019, but the case came up for hearing only in April 2021. The bench had directed for conciliation in the case, but it did not work out.

Vallia said, "The developer would send his representative, who had no authority to decide on the issues of concern. We realised that the developer was merely buying time, and accordingly made our submission for redirecting our case to MahaRERA in September 2021. I was hoping that MahaRERA would pass an immediate order, as the case was pending since December 2019. But, to my surprise, on Monday (December 27), when the fresh dates were allotted, I learned that my date of hearing is in August 2022, which means I need to wait for another eight months. And I am not even sure about the outcome, as MahaRERA orders are also not getting executed, and litigants are made to run from pillar to post for no fault of theirs."

‘Developer didn't comply'

"We booked a flat in a project called Empress Heights in Marol developed by Dhruvi Properties in 2010 and paid almost Rs 35 lakh in several instalments. But later we learnt that our flat had been sold to some other investor and a complaint was filed before MahaRERA in August 2019. The body passed a verdict in February 2020 directing the developer to allot our flat and facilitate the registration formalities, but the developer has not complied with the order till date," said Thambi Johnson, a litigant.

"We once again filed a complaint over noncompliance of the order by the builder in September 2021 and are waiting to hear from the authority. It's unfortunate that the builders are not complying to the directive," said Thambi. "In a critical case like this the delay is not justifiable. After all, when the order is not complied by the builder the very purpose of the case is defeated and it further complicates the issue. Finally, the investors lose faith in the Authority," he said. Thambi added, "Interestingly, the land for this project belongs to BEST Undertaking. As per the lease contract, the ground floor is to be developed as a bus depot, and upper floors and other remaining areas for commercial-cum-residential purposes. It is unfortunate that such a public property is being misused."

‘Justice delayed is justice denied'

Vijay Kumar, a Chembur resident, was planning to move to his 3BHK flat at Alta Vista in his neighbourhood by June 2018, but the developer did not keep his promise. Kumar has paid around 95 per cent of the total Rs 2.25 crore. Even as three years have passed since, the work in the lobby and amenities remain incomplete. He said, "I filed my case before MahaRERA in June 2020 and the first hearing took place in October 2020. The case was referred for conciliation and amicable settlement, but to my surprise, the first conciliation meeting was fixed only in August 2021. As the conciliation talks were inconclusive, I had no option but to move my plea again, and I am yet to get the next date of hearing. It is unfortunate that the litigants have to go through such hardships. This defeats the very purpose of forming a regulatory body like MahaRERA, which was introduced to bring transparency and remedy within 90 days in case of disputes, but in reality litigants are waiting for months and years to get heard. They should not forget ‘justice delayed is justice denied'."

5,000
No. of cases pending with MahaRERA (approx.)