Unlike regular complaints, which are heard on a seniority basis, MahaRERA has issued a circular detailing the conditions and exceptional circumstances under which cases will be given priority out of turn or irrespective of their seniority
The decision has been undertaken by MahaRERA with the aim of delivering relief to complainants undergoing exceptional and specific circumstances. Representational Pic/File
With an aim to reduce the wait time and expedite the hearing before MahaRERA, the real estate regulatory body has come up with a priority list of exceptional circumstances, where complainants will be given preference over others.
Unlike regular complaints, which are heard on a seniority basis, MahaRERA has issued a circular detailing the conditions and exceptional circumstances under which cases will be given priority out of turn or irrespective of their seniority.
Confirming the same, a MahaRERA official listed seven reasons for exemption and priority.
These include:
- If the complainant is suffering from a life-threatening illness.
- If the complainant or respondent has filed a complaint for review or rectification of the order passed, or for non-compliance with an order.
- When an Appellate Tribunal or a High Court directs that the complaint be disposed of in a time-bound manner, or directs that the case be heard afresh.
- If the dispute has been mutually settled before the Conciliation Bench or out of court.
- If the complainant wishes to withdraw the case.
- Where the issue of maintainability of the complaint arises.
- If there are multiple petitions from the same project. The seniority of the first petition filed will be considered while clubbing the remaining complaints.
In such exceptional circumstances, the regular practice of following the chronological order of the filing date will be relaxed, and hearings may be conducted on a priority basis.
“An applicant requesting a priority hearing due to a life-threatening illness will have to mandatorily submit a certificate from a relevant specialist doctor. Furthermore, in all other petitions, the complainant will have to file the complaint along with appropriate supporting documents. Without such documents, the request for a priority hearing will not be entertained,” the official said.
The decision has been undertaken by MahaRERA with the aim of delivering relief to complainants undergoing exceptional and specific circumstances. The circular unambiguously elaborates these exceptional circumstances and comes into force immediately. Additionally, if necessary, it will be the MahaRERA Chairman’s prerogative to decide, based on the merits of the case, whether seniority can be bypassed,” the officer stated.
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