As of date only 11,530 orders have been passed against 17,201 complaints; experts say with such huge pendency of cases before MahaRERA, only two benches are functional as of date
Several factors have contributed to delay in RERA proceedings, such as unavailability of members, non-filling of vacancies, RERA benches not functioning at full capacity, which result in longer dates, frequent adjournments, etc
With as many as 5,671 cases pending before MahaRERA, the pleas of litigants and professionals practising at MahaRERA to fill vacancies of retired members have fallen on deaf ears. The worst, another MahaRERA member is due for retirement by March-end, raising further concern among the litigants. Experts say the government should fill up the vacancies on priority, as litigants approach MahaRERA seeking justice, first and foremost. Moreover, even with such a huge voluminous pendency of cases before MahaRERA, only two benches are functional as of date. However, the number will drop top just one bench post March, with the retirement of Dr Vijay Satbir Singh.
Ramesh Prabhu, founder chairman of Maharashtra Societies Welfare Association (MahaSEWA), said, “In February 2021, B D Kapadnis retired as a member of MahaRERA. At the time of retirement, nearly 1,800 complaints assigned to his bench were pending and many have not received hearing dates to date. Dr Vijay Satbir Singh, another member will be retiring by March 2022. As of date 5,671 complaints are pending for disposal and only 11,530 orders have been passed against 17,201 complaints.”
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Prabhu added, “As soon as one vacancy arose in the Maharashtra Appellate Tribunal, two members were inducted making four members in the Appellate Tribunal. The government not only filled the vacancy in appellate Tribunal but also inducted additional members as per the Supreme Court order, stating that the state and Central governments will fill the vacancies in all the tribunals”.
“Now the time has come to file a writ petition before the Hon'ble high court to get the vacancies filled and induct additional three to four members. By doing this, there will not be any additional burden on the government treasury as MahaRERA has sufficient funds. The Supreme Court has upheld the delegation power of RERA under section 81 in the case of Newtech Promoters and Developers vs the state of Uttar Pradesh, and others. Therefore, MahaRERA may consider appointing additional legal officers who are either retired as judges, experienced advocates or retired IAS officers, delegate the powers of hearing the complaints and pass the order,” said Prabhu.
He added, “The retired judges are in a better position to understand the disputes, frame the issues and then pass the appropriate judgment.”
Solicitor Stuti Galiya said, "Several factors have contributed to delay in RERA proceedings, such as unavailability of members, non-filling of vacancies, RERA benches not functioning at full capacity which result in longer dates, frequent adjournments, etc. Apart from this, even settled principles of law are frequently challenged in various courts to increase litigation and delay justice to flat owners.”
“RERA seems to be encountering the same issues which courts in India have been facing for the past several years, due to lack of filling of vacant positions on time and other administrative and procedural hassles,” said Galiya.
Advocate Godfrey Pimenta, who practises in MahaRERA, said, “Ideally, under RERA the complaints are required to be disposed of within a period of 60 days, but due to pandemic, the hearings are delayed. The problem is further compounded by fact that the state government has not filled the vacancy at MahaRERA.”
“It would be desirable instead of appointing retired bureaucrats, retired judicial officials are appointed who are fast in understanding the legal intricacies and dispose of the cases speedily,” said Pimenta.
5,671
No. of cases pending before MahaRERA
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