Maharashtra RERA Faces Growing Backlog and Execution Issues

Maharashtra RERA Faces Growing Backlog and Execution Issues

Maharashtra RERA Faces Growing Backlog and Execution Issues

In recent years, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has been seen as a vital mechanism for safeguarding homebuyers' interests, offering them a platform to seek justice and resolution in disputes with developers. However, with over 8,000 complaints currently pending, many homebuyers are finding it increasingly difficult to get the relief they expected from the regulator. Experts believe that the system is struggling under the weight of its workload and needs significant reforms to improve efficiency and execution.

Challenges Faced by Homebuyers and Delayed Resolutions

A key concern among homebuyers is the significant delay in resolving their grievances. One such case involves Sumeet Mehta, a Goregaon resident who has been waiting since January 2024 for the execution of a MahaRERA order that mandates a developer to sign an agreement for sale. Despite paying up to 75% of the total cost, Mehta's issue remains unresolved. The order also included a penalty for non-compliance, which is still pending collection. This delay highlights the broader issue: While MahaRERA issues orders, the execution of these orders is often stalled, leaving homebuyers without the much-needed relief.

In some instances, the regulator has directed developers to execute registered agreements for sale and compensate homebuyers for delayed possession. However, enforcement has proven problematic. One particular case was transferred to a district judge after the developer disregarded the order. In several complaints, hearings have been delayed by over two years, and cases can take years to even be heard, much less resolved.

A Strained System: MahaRERA's Limited Capacity

MahaRERA is grappling with a backlog of cases, and experts suggest that its current structure is insufficient to meet the growing demand for intervention. According to Ramesh Prabhu, a representative for homebuyers at MahaRERA, many complaints that were filed in 2021 and 2022 are still awaiting hearings. The authority’s limited number of members exacerbates the issue, as only a few officials are available to handle the large volume of complaints. However, there is some hope on the horizon. The current MahaRERA Chairman, Manoj Saunik, is pushing for faster case disposal, and a record number of cases were heard in a recent session.

To address this, experts believe that the Maharashtra government should consider increasing the number of MahaRERA members. Additionally, establishing a more efficient system to expedite the handling of complaints could help clear the mounting backlog. Given the growing real estate challenges, this is a pressing concern that demands immediate attention.

Execution Woes: A Long Road to Justice for Homebuyers

Even when MahaRERA issues orders, their execution remains a challenge. A notable area of concern is the execution of recovery warrants. MahaRERA has issued recovery warrants worth over Rs 771 crore to reclaim homebuyers' money from developers who have failed to pay compensation, interest, or refunds within the prescribed time limits. However, these recovery warrants, which are supposed to be enforced by revenue authorities, remain largely unexecuted. Legal experts argue that the delay in executing these orders is due to a lack of action or interest from the authorities. In one particularly troubling case, over 80-year-old Arun Sheth has been waiting for the recovery of Rs 78 lakh for six years, despite a recovery warrant being issued in 2019.

While MahaRERA claims its role is limited to issuing recovery warrants, it has taken steps to address the issue. The authority has appointed an additional collector and is working with retired tehsildars to follow up with revenue authorities to ensure enforcement of the warrants. However, despite these efforts, the execution of orders remains a significant bottleneck.

Comparing MahaRERA with the Consumer Protection Act

The growing challenges within MahaRERA have prompted comparisons with the Consumer Protection Act, which provides for stricter penalties for non-compliance. Under the Act, penalties for non-compliance can include fines ranging from Rs 25,000 to Rs 10 lakh and imprisonment of up to one month. In one recent case, a district consumer commission sentenced a builder to three years of imprisonment for contempt of its 2019 order, in addition to imposing a fine. This highlights a contrast in the power of enforcement between the two systems.

The Need for Reform: Enhancing MahaRERA's Effectiveness

Despite the challenges, MahaRERA still plays an essential role in regulating the real estate sector and protecting the rights of homebuyers. However, for the authority to live up to its potential, several reforms are necessary. First and foremost, increasing the number of members and improving case disposal mechanisms is critical to reducing the backlog of complaints. Additionally, ensuring that orders are enforced promptly and that recovery warrants are executed without delay will significantly boost the credibility of the regulator.

Furthermore, it would be beneficial for MahaRERA to strengthen its enforcement powers, similar to the more stringent penalties found in the Consumer Protection Act. This would send a clear message to developers that non-compliance will not be tolerated and that the regulator has the authority to take swift and decisive action.

Conclusion

MahaRERA was established with the promise of protecting homebuyers and ensuring a fair and transparent real estate market in Maharashtra. However, with a growing backlog of complaints, delayed hearings, and poor execution of orders, the authority’s effectiveness has been called into question. While steps are being taken to address these issues, significant reforms are needed to make MahaRERA a more powerful and efficient force in the real estate sector. Only then can it truly fulfill its mission of providing timely and effective justice to homebuyers across the state.

About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/