CREDAI Maharashtra, the industry body of realtors, has again urged to the state government to immediately set up an appellate tribunal to address Real Estate Regulatory Authority (RERA) cases. In the absence of tribunal, the builders and citizens, as ordered by RERA authority in appeal, are taking their cases to the High Court (HC), unnecessarily augmenting the cost and delay, said Shantilal Kataria, President of the CREDAI Maharashtra in a press statement.
In his statement, Kataria said that, “at present only Rajasthan has established its tribunal and this should be a pan-Indian demand and all state presidents should insist on their respective state governments to establish RERA tribunal immediately. With no appellate tribunal existing, the cases heard by RERA authorities are going to the HC in appeal instead of tribunal that is causing inconvenience to citizens. If formed, the tribunal will smoothen our work in future. New separate tribunal will be more effective & speedy in work as the existing tribunals in state will not work effectively & devotedly,” he added.
The Section 43(1) of RERA Act mandates establishing Real Estate Regulatory Authority (RERA) appellate tribunal before May 1 this year. However, the state government has not done so leaving builders & consumers anguished. In the tribunal’s absence, the home-buyers are forced to approach High Court to defend Maha-RERA orders and this becomes a very expensive and cumbersome affair.
“The Maharashtra government took a commendable lead in the implementation of RERA by bringing it into effect on May 1 last year. However, it has failed to establish an appellate tribunal within a year. It should have been in place by May 1 this year,” expressed Kataria.
The CREDAI Maharashtra has pointed out that RERA’s objective was to simplify and make efficient the process of realty issues, rather than complicating it for common home-buyers and stake holders. Maha RERA adjudicating officers have pronounced several orders under RERA, many of which are being challenged in the Bombay high court in the absence of a tribunal.
Kataria has also demanded that, “the state should look into required changes/ clarifications in rules after taking review of last six months experience of RERA & stakeholders etc. “The Sec. 91 of RERA Act 2016 provides for conducting review of the provisions of Act within 2 years regarding the difficulties in its implementation and already 18 months passed. Therefore, the center should look into it”.