2018 (7) TMI 2220 - HC - Indian Laws

Failure of the MahaRERA Appellate Authority to take cognizance of the complaints tendered by the complainants in respect of the unregistered project - HELD THAT - On completion of the process of up-gradation of the software equipped of receiving online complaints, in respect of unregistered projects by the MahaRERA within the time stipulated, it would be open for the Petitioner to register the complaint in observance of the procedure prescribed in that behalf. The complaint tendered online by the Petitioner and other similarly situated complainants, in respect of unregistered projects would be entertained and the same would be dealt with in accordance with the procedure that is being adopted by MahaRERA in respect of disposal of complaints in relation to registered projects. The statement is made by the learned counsel appearing for Respondent No.1 on instructions from Mr. Wani, Administrative officer of MahaRERA who is present before the Court. Petition disposed off.

Summary

Issues:
Failure of MahaRERA Appellate Authority to address complaints regarding unregistered projects.

Analysis:
The High Court of Bombay, comprising R.M. Borde and V.M. Deshpande, JJ., heard a petition concerning the failure of the MahaRERA Appellate Authority to consider complaints related to unregistered projects. The Petitioner raised concerns about the Appellate Authority's lack of action on complaints regarding unregistered projects under the RERA Act. The Respondent's counsel acknowledged the issue and informed the court that the online software system was not currently capable of handling complaints for unregistered projects. It was assured that necessary modifications to the software would be completed within 15 days to enable the acceptance of complaints for unregistered projects by MahaRERA. Once the software is upgraded, the Petitioner and other complainants in similar situations would be allowed to register their complaints online following the prescribed procedure. The complaints for unregistered projects would be processed in accordance with the standard procedure applied to registered projects. This assurance was provided by the Respondent's counsel based on instructions from Mr. Wani, the Administrative officer of MahaRERA, who was present in court. Consequently, the court declared that the grievance raised in the petition had been addressed, and the Writ Petition was disposed of accordingly.