The Maharashtra Real Estate Regulatory Authority (MahaRERA) has introduced new priority hearing guidelines for complaints under exceptional circumstances, deviating from its usual practice of handling cases based on their chronological order. This important move aims to deliver quicker relief to complainants facing urgent and extraordinary situations.
Traditionally, MahaRERA processes complaints in the order they are received, maintaining strict seniority to ensure fairness. However, recognising the need for expedited redressal in special situations, MahaRERA has now issued a detailed circular that clearly outlines the exceptions where seniority norms can be relaxed.
Key Highlights of the New Guidelines
MahaRERA has specified seven circumstances under which a case may be prioritized out of turn:
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Life-Threatening Illness:
If a complainant is suffering from a life-threatening disease, they can seek priority. A medical certificate from a relevant specialist doctor is mandatory to support the request. -
Review, Rectification, or Non-Compliance of Orders:
Complaints that seek a review or rectification of an existing MahaRERA order, or those highlighting non-compliance with previous orders, are eligible for expedited hearing. -
Directions from Appellate Tribunal or Higher Courts:
If a court or tribunal issues specific directions for the complaint to be disposed of within a time frame, or mandates a fresh hearing, such matters will get precedence. -
Mutual Settlement Between Parties:
If the dispute has been mutually settled either through MahaRERA’s Conciliation Forum or out-of-court settlements, the authority will prioritize finalising such cases. -
Withdrawal of Complaints:
When a complainant wishes to withdraw a case, it will be heard on priority to expedite closure. -
Issues of Maintainability:
If a fundamental question about whether a complaint is maintainable arises, such cases can be prioritised for hearing. -
Multiple Complaints on the Same Project:
When several complaints pertain to the same project, the first filed complaint’s seniority will apply, and related matters may be clubbed and fast-tracked together.
Mandatory Documentation for Priority Requests
For life-threatening illness cases, complainants must submit a specialist doctor’s certificate verifying the condition.
For all other categories, appropriate supporting documents are necessary. Requests without the requisite paperwork will not be considered.
Discretionary Powers of MahaRERA Chairman
Importantly, MahaRERA’s circular states that the final discretion to bypass seniority — depending on the merits of each case — rests with the MahaRERA Chairman. This ensures that each request is carefully evaluated and priority is granted only when genuinely justified.
Immediate Implementation New Priority Hearing Guidelines for Complaints
The guidelines come into immediate effect. MahaRERA believes this change will help streamline grievance redressal for those facing exceptional challenges, thereby reinforcing its commitment to consumer protection and transparency in the real estate sector.
