Grievance redressal, MahaRERA orders and the compliance and penalty framework
No allottee need go to a civil court. Section 31 lets any aggrieved person, including an association of allottees, complain to MahaRERA against a promoter, allottee or agent for contravention of the Act, Rules or Regulations. Complaints are filed online with the prescribed fee, a copy goes to the respondent who files a written reply, and the Authority hears the parties and passes a reasoned order, endeavouring to decide within 60 days. Claims for compensation under sections 12, 14, 18 and 19 go to MahaRERA's adjudicating officers (ss.71–72), who hold an inquiry, may summon documents and witnesses, and fix quantum having regard to the disproportionate gain, the loss caused and whether the default is repetitive. Orders are binding directions (s.37) and are recoverable as arrears of land revenue.
Appeals lie to the Maharashtra Real Estate Appellate Tribunal within 60 days, extendable by a further 60 days on sufficient cause, and then to the Bombay High Court within 60 days (s.58). Civil courts are barred (s.79).
Penalties sit in Chapter VIII: contravention of the core registration provisions (ss.3 and 4) attracts up to 10% of the estimated cost of the project; other promoter contraventions up to 5%; an agent contravening the Act or Rules faces up to Rs 10,000 per day of continuing default; defiance of MahaRERA's orders attracts daily penalties running to Rs 1 lakh a day and, in serious cases, imprisonment up to one year or fine or both, with persons in charge of companies personally liable.
Pitfalls: interest under s.18 is compensatory, not penal; it runs from the agreed date of possession to actual possession; a penalty proceeding does not bar a separate compensation claim; and an appeal does not suspend an order unless the Tribunal stays it.