RERA
MahaRERA representation for homebuyers, allottees, and developers — complaints, refund claims, project compliance, and appellate advocacy.
RERA practice in Mumbai is governed by the Real Estate (Regulation and Development) Act, 2016 and the Maharashtra Real Estate (Regulation and Development) Rules, 2017, administered by the Maharashtra Real Estate Regulatory Authority (MahaRERA). The Act regulates project registration, agent registration, project delays, disclosure obligations, and grants homebuyers statutory rights to refund, interest, and compensation.
Overview
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency, accountability, and timely delivery to India's real estate sector. At K. H. Giri & Associates, our RERA practice represents homebuyers, allottees, association of allottees, and developers before the Maharashtra Real Estate Regulatory Authority (MahaRERA), the MahaRERA Conciliation Forum, and the Maharashtra Real Estate Appellate Tribunal. We handle complaints for project delays, refund and interest claims, deficient construction, unauthorised alterations to sanctioned plans, and non-registration of projects under Section 3 of the Act.
RERA shifted the balance of power between developers and homebuyers by introducing mandatory project registration, escrow of 70% of buyer collections, strict timelines for possession, and direct civil remedies before a specialised authority. Our team has guided clients through every stage of this regulatory shift — from filing the first complaint under Section 31 to defending appeals before the Appellate Tribunal under Section 44. Whether you are pursuing a refund with interest under Section 18 or defending a project's compliance record, we combine deep statutory knowledge with a pragmatic, evidence-led approach.
What We Handle
- Buyer complaints under Section 31 against developers for project delays, possession defaults, and misrepresentation
- Refund and interest recovery claims under Section 18 for withdrawn allottees and aggrieved buyers
- Execution of MahaRERA recovery warrants through the Collector and District Magistrate as arrears of land revenue
- Appeals before the Maharashtra Real Estate Appellate Tribunal (MahaREAT) under Section 44 and further appeals to the Bombay High Court under Section 58
- Project registration, extension, and quarterly compliance filings on the MahaRERA portal for developers and promoters
- Review and vetting of agreement for sale, allotment letters, and tripartite agreements for RERA compliance
- Defence of developers and promoters in MahaRERA complaints, suo-motu enquiries, and penalty proceedings under Sections 59 to 64
- Society formation, conveyance, and deemed conveyance disputes involving stalled or non-cooperative developers
- Conciliation proceedings before the MahaRERA Conciliation Forum and structured settlement of homebuyer disputes
- Specific performance, possession, and parallel remedies under consumer protection and civil law for real-estate buyers
Our Approach
Every RERA engagement begins with a careful review of the agreement for sale, the project's MahaRERA registration page, possession timelines, payment history, and the developer's compliance disclosures. We map the dispute to the correct relief — refund with interest, possession with delay compensation, rectification, or specific compliance — and choose the appropriate forum: the Authority, the Conciliation Forum, the Appellate Tribunal, or parallel civil and consumer remedies where they better serve the client.
For developers and promoters, we provide preventive advisory and ongoing compliance support — project registration, agent registration, quarterly progress reports, advertisement and marketing material vetting, and structuring of escrow accounts under Section 4(2)(l)(D). For homebuyers and allottees' associations, we offer collective representation strategies, recovery warrant execution, and follow-through with Tribunal and High Court appeals where necessary.
Key Legal Provisions
- Real Estate (Regulation and Development) Act, 2016 — Sections 3 (project registration), 4 (application and disclosures), 12 (advertisement liability), and 13 (no deposit without agreement)
- Section 18, RERA — buyer's right to refund with interest on developer's failure to give possession on the agreed date
- Section 31, RERA — filing of complaints by aggrieved persons before the Authority and adjudicating officers
- Sections 43–44, RERA — establishment of and appeals to the Real Estate Appellate Tribunal within 60 days
- Sections 59–64, RERA — penalties on developers for non-registration, false information, and contravention of orders
- Section 40, RERA — recovery of interest, penalty, and compensation as arrears of land revenue through the Collector
- Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017
- Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021) — Supreme Court upholding RERA's retroactive applicability to ongoing projects and primacy over consumer remedies
Our Team for This Practice
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Frequently Asked Questions
- When can a homebuyer claim a refund under Section 18 of RERA?
- Section 18 of the RERA Act, 2016 entitles an allottee to withdraw from the project and claim a full refund with interest if the promoter fails to complete or is unable to give possession of the apartment by the date specified in the agreement for sale, or in accordance with the registered project timelines. If the allottee chooses to continue, the promoter must pay monthly interest on the deposited amount for every month of delay until possession is handed over.
- What is the difference between MahaRERA, the Conciliation Forum, and the Appellate Tribunal?
- MahaRERA adjudicates complaints under Sections 31 and 71 of the Act. The MahaRERA Conciliation Forum offers voluntary, non-binding conciliation between allottees and promoters before formal adjudication. The Maharashtra Real Estate Appellate Tribunal, constituted under Section 43, hears appeals from MahaRERA orders and final orders of the adjudicating officer within sixty days of communication of the order.
- How is a MahaRERA order enforced if the promoter does not comply?
- Under Section 40 of the RERA Act, an amount due from a promoter under MahaRERA's order, including refund, interest, or compensation, is recoverable as arrears of land revenue. The complainant applies to the District Collector through the prescribed procedure. Non-compliance also attracts penalty under Sections 63 and 64, and may invite imprisonment up to three years for continued default.
- Can builders be made liable for structural defects after possession in Mumbai projects?
- Yes. Section 14(3) of the RERA Act creates a statutory liability period of five years from the date of handing over possession. Any structural defect, defect in workmanship, quality or provision of services, or any other obligation of the promoter brought to notice within five years must be rectified by the promoter at no further cost within thirty days, failing which the allottee is entitled to receive appropriate compensation.
- Is project registration with MahaRERA mandatory for every Mumbai real estate project?
- Under Section 3 of the RERA Act, any project where the land area proposed to be developed exceeds five hundred square metres or the number of apartments to be developed exceeds eight, inclusive of all phases, must be registered with MahaRERA before any advertisement, marketing, booking, selling, or offer for sale. Renovation, repair, or re-development that does not involve marketing or selling is exempt.
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