MahaRERA: Free legal assistance for troubled home buyers

While handling grievances of distressed homebuyers against errant developers, several anomalies are noticed in the case representation, like buyers not giving the entire data and proper information upfront in their complaint such as the exact amount paid, dates of payment, specific details in the registered agreement like date of possession and, importantly, if there is a grace period allowed in the registered agreement. Moreover, some litigants are unable to present their grievances in the right manner and format.

Lawyers registered with Maharashtra Real Estate Regulatory Authority (MahaRERA) have come to the rescue of distressed home buyers by deciding to provide free legal consultancy and representation to the buyers before the tribunal from February 1.

The advocates of the Bar Association of MahaRERA-run Legal Aid Cell will assist litigants (homebuyers) who cannot afford high lawyer fees as well as those who are not conversant with legal procedures. The members have conducted several workshops to raise awareness about the RERA Act, 2016 as well as the MahaRERA, and the Legal Aid Cell is a natural extension of the social cause, according to the Secretary of the MahaRERA Bar Association, Anil D’Souza.

The petitioner will only have to pay Rs. 5,000 as fees to MahaRERA to file the complaint. Litigants also have an option of conciliation that is already being offered by MahaRERA as an alternate dispute redressal (ADR) mechanism. The home buyer needs to pay just Rs. 1,000 as the fees.

According to D’Souza, when the matter comes up for hearing, before the Presiding/Adjudicating Officer, builders or developers usually have very learned and experienced lawyers or law firms to represent them. On the other hand, the homebuyer might not be able to launch into a verbal duel with these counsels to put forth his points in a coherent manner. Due to inexperience with the legal sphere, complainants might find themselves at a disadvantage. Even the legal procedures and stages of a court case may sometimes baffle and intimidate homebuyers.

Hence this free legal aid will help litigants who cannot afford high lawyer fees and who are not conversant with the legal procedures and processes. A group of 15-20 members is being readied by the Bar Association to assist homebuyers. The list would be either listed on a different website created by the group, or on the website of MahaRERA.

Initially Mumbai will be covered, while the remaining cities will be covered with the help of the association members, stated D’Souza.

Sometimes, the flat purchasers would have already agreed and signed upon certain terms and conditions in the registered agreement with the developers, which surface only when the presiding/adjudicating officer interrogates the parties concerned. According to D’Souza, all these lead to a huge delay and tend to exasperate the system.