Batting for a more inclusive legal system, legal experts say authorities cannot expect aggrieved laypeople to take on builders without quality guidance
Experts pointed out that many flat purchasers invest their life savings in flats and are deserving of free aid if aggrieved. Representation pic
Should litigants approaching the MahaRERA know the RERA Act? Yes, if they are not hiring lawyers and are appearing for themselves, says the interpretation of an order by former MahaRERA chairman Gautam Chatterjee. The order has become a point of discussion among legal exports, some of whom say that the MahaRERA should provide free legal services or guidance for litigants.
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CA Ramesh Prabhu, founder chairman of the Maharashtra Societies Welfare Association (MahaSEWA), said, “The basic purpose of RERA is easy and quick redressal. Instead of a special court, there’s a quasi-judicial authority before whom an allottee without even the basic knowledge of RERA may make a complaint and have his grievances addressed. The authorities or adjudicating officers should not get into technicalities involved.” “MahaRERA should enable free legal aid. The Bar Association of MahaRERA and MahaREAT supports this,” Prabhu added.
Revisit practices
“‘Ignorantia legis neminem excusat’ — ignorance of law excuses none. This is an ancient Latin maxim that even today remains a fundamental principle of jurisprudence. The courts certainly expect that litigants have at least the basic functional knowledge of the law. Parties appearing without preparation and basic know-how cannot expect the sympathies of the court to gloss over their failings,” said Advocate Akash Menon, who practices in MahaRERA.
“On the issue of legal aid, we need to revisit our practices and processes afresh. Today, save criminal cases, legal aid is not available to civil litigants seeking redress for private wrongs. It is imperative that law and our legal system become more inclusive. The need to offer legal aid and the eligibility for the same would require exhaustive deliberation,” said Menon.
Also read: Buyers who cancelled flat purchase to get full refund, MahaRERA tribunal directs developer
Advocate Godfrey Pimenta, who also practices in MahaRERA said, “Often, ordinary flat purchasers who represent themselves don’t get a resolution for want of quoting the correct provisions. I had handled the case of an advocate practising on the criminal side, who had personally filed his case. There were no proper reliefs claimed in the complaint. When I appeared in the matter, I sought the liberty of the Hon’ble Member to amend the complaint and subsequently, the order came in favour of the litigant. It is advisable to take professional help,” Pimenta recalled.
“Some flat purchasers, particularly from low-income groups, invest their life savings in flats. They would need legal aid. It is desirable that MahaRERA consider offering free legal aid,” Pimenta suggested.
Purchasers at disadvantage
“It is surprising that an aggrieved flat purchaser has to take on the juggernaut of builder lobby without the support of legal experts. The builder obviously has an entire legal department and an external legal counsel working for him,” said Anil D’souza, secretary MahaRERA Bar Association. “In such a situation, with an ill-structured complaint, an already distressed flat purchaser could be subject to further disadvantage, even with strong credentials. It is akin to playing into the hands of the developers,” he added.
Keep it simple
Advocate Vinod Sampat, president of Cooperative Societies Residents & Users Association said, “The need of the day is that RERA should have a free legal aid cell whereby the common man can be guided free of charge. Provisions of the law should be simple and easy to understand. It should not be technical. RERA should take the initiative with the assistance of the RERA Bar Association and provide free legal aid to the common man.”
“The authority should not insist on technicalities of the matter and come out with FAQs regularly. The hearings should be regularly uploaded on the RERA website so complainants can understand what is expected by RERA courts. They should also have a full-time PRO to reply to all queries raised by the public,” Sampad said.
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