With over 5,000 complaints pending, state’s move to fill vacancies only at MahaRERA tribunal irks litigants and professionals practising with the authority
There are 5,539 cases pending before MahaRERA
While the number of pending complaints before MahaRERA is piling up with over 5,539 cases, pleas of litigants and professionals seeking to fill vacancies of retired MahaRERA members have fallen on deaf ears. The state, meanwhile, has filled the vacancies at MahaRERA Appellate Tribunal instead of MahaRERA, which has irked the litigants. Experts said the government should have filled the vacancies at MahaRERA on priority as it addresses the plaints.
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Advocate Anil D’Souza, secretary of MahaRERA Bar Association, said, “MahaRERA started with four fully functional benches, but due to the retirement of two members, existing pendency and new complaints being filed every day, it is imperative that the authority not only fill up existing vacancies but also increase its strength with more benches.”
“In light of the recent Supreme Court observations to the Central government to fill up existing vacancies in tribunals and commissions, it is our humble request that the government and MahaRERA work closely and fill up the vacancies and add more benches,” D’Souza added.
Advocate Godfrey Pimenta, who practices in MahaRERA, said, “Ideally, under RERA, complaints are required to be disposed within a period of 60 days; but due to the COVID-19 pandemic, hearings are delayed. The problem is further compounded by the fact that the state has not filled the vacancy at MahaRERA.”.
Advocate Mithil Sampat, who practices in MahaRERA, said, “More officers need to be appointed on an urgent basis for overseeing matters like speedy listing of matters, speedy disposal, speedy implementation of orders, and to guide the common man. In fact, the state must give RERA more powers to suo motu refer matters to criminal courts for action where there is gross violation.”
“The government must recognise that the common man invests his entire life savings in property, that stamp duty on property transactions is one of the biggest incomes for the government treasury, and that matters piling up at RERA are neither in the interest of the common man nor the government,” said Mithil.
“We welcome the new government resolution appointing both administrative and judicial members to the appellate tribunal of RERA, but the same is awaited for MahaRERA. There are thousands of complaints pending with MahaRERA. The need of the hour is to appoint members of MahaRERA,” said advocate Nilesh Gala, secretary of RERA Practitioners Welfare Association.
“It is a matter of great concern that more than 5,000 complaints are pending before MahaRERA but the position that fell vacant in February 2021 has not been filled,” said Ramesh Prabhu, chartered accountant and founder chairman of Maharashtra Societies Welfare Association.
“Considering more than 30,000 projects registered with MahaRERA, the government not only needs to fill up the vacancies but also provide additional members. It is also to be noted that the members are situated only in Mumbai. Though MahaRERA has branches at Pune and Nagpur, members are yet to be appointed there. We urge the government to take immediate steps to fill the vacancies and appoint additional members,” Prabhu said.
Feb
Month since when the vacancy has existed