MahaRERA Issues Guidelines For Priority Hearings In Exceptional Cases, Bypassing Seniority Rule

Mumbai: Earlier this month, the regulator has issued a circular detailing out conditions and exceptional circumstances wherein the cases would be given priority out of turn or irrespective of their seniority. Usually, complaints filed with the Maharashtra Real Estate Regulatory Authority (MahaRERA) are heard in the order of seniority.

The detailed guideline lists out 7 reasons, which is as follows: 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 it’s on non-compliance of the an order, When an Appellate Tribunal or a Higher Court directs on disposing the complaint in a time bound manner or if directs to hear the case afresh, If the dispute has been mutually settled before the Conciliation Bench or out of court, If the complainant wants to withdraw the case, Where the issue of maintainability of the complaint arises, If there are multiple petitions from the same project. 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 or filing date will be relaxed and hearings may be conducted on a priority basis.

An applicant requesting a priority hearing owing 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 and supporting documents. Without such documents, the request for priority hearing will not be entertained.

The decision has been undertaken by MahaRERA keeping in mind delivering relief to the complainants, who are undergoing exceptional and specific circumstances. The circular unambiguously elaborates the exceptional circumstances.

Through a circular, MahaRERA has issued detailed guidelines on the subject and comes into effect immediately. Additionally, if necessary, it will be MahaRERA Chairman’s prerogative to decide, based on the merits of the case, if the seniority can be bypassed or not.