Experts hail directive that lists rules for granting adjournments, submitting documents
Nilesh Gala and Anil D’Souza
MahaRERA has come up with a fresh set of guidelines for online complaints against developers. The four-page directive issued by Vasant Prabhu, secretary, MahaRERA on September 8, among other things, has laid down procedure in the matter of granting adjournments, when complaints are listed for hearing before the respective bench.
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Accordingly, from now on, adjournment won’t be granted more than twice to a party, and definitely not at the request of the party, except when there are compelling circumstances beyond the control of the party. Further, a legal practitioner being engaged in another court, or their illness cannot be put forward as a ground for adjournment. The directive also states that excuses such as “I have been briefed in the matter recently/yesterday/in the morning” or “I am not prepared/ready with the arguments in the matter” won’t be considered anymore.
The circular also elaborately touches on two other core areas—submission of documents and mode of appearance. Accordingly, MahaRERA will now allow for submission of hard copies, apart from online uploads. It will also continue with online as well as physical appearances, in exceptional cases. “With this circular, MahaRERA has tried to arrest the infinite time matters take in the judicial process,” said Advocate Anil D’Souza, Secretary, MahaRERA Bar Association.
Advocate Nilesh Gala, Secretary, RERA Practitioners Welfare Association, said that the circular for hearing of complaints issued by MahaRERA was “the need of the hour”. “[Due to the pandemic,] many did not bother to upload complaints or submit necessary documents for the online hearings.” He said that the guidelines will also help prevent any delay in hearing of cases, especially against promoters. “Lawyers appearing for promoters often delay the hearing of complaints and seek more time. This practice will stop.”
Advocate Vinod Sampat, founder president, Cooperative Societies and Resident Users Association
Speaking with mid-day, Advocate Vinod Sampat, founder president, Cooperative Societies and Resident Users Association, hailed the move. “Adjournments are often granted at the drop of a hat. However, with the new guidelines, this tendency will be curtailed.” He added that henceforth, any professional taking on a RERA case, will have to keep arguments ready beforehand. “In case the professional is busy, he may tell his client to argue the case themselves or will ensure that one of his/her team members attends, if they aren’t available,” Sampat said.
MahaRERA has also insisted on numbering of all documents. “This will ensure that documents submitted are brief, and to the point. We have seen documents running into 500 pages, being filed by parties in court—at times the contents of the same are not necessary.” He feels that MahaRERA’s image has received a major boost, due to the new circular.
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