RERA Complaint in Maharashtra: Legal Process, Authority Powers & Order Enforcement Explained
Have you invested your savings into your dream home, only to face endless delays, poor construction, or vanishing developers? You are not alone. Across Maharashtra, thousands of buyers face similar nightmares. Fortunately, the Real Estate (Regulation and Development) Act, 2016 (RERA) empowers you to act. This article explains everything about filing a RERA complaint in Maharashtra, the RERA authority powers, and how to ensure RERA order enforcement.
Whether you’re in Mumbai, Thane, or Pune, this guide will help you understand your rights and legal remedies under Indian jurisdiction.
What Is RERA and Why It Matters?
The RERA Act, 2016 was enacted to bring transparency, accountability, and efficiency to India’s real estate sector. Every state has its own RERA authority; in Maharashtra, it’s called MahaRERA, headquartered in Mumbai. It governs all registered projects and developers across the state.
One of the most powerful provisions is Section 31, which allows any aggrieved person to file a RERA complaint in Maharashtra for violations of the Act. The goal is to ensure timely possession, proper amenities, and lawful delivery of real estate projects.
1. Common Issues That Lead to a RERA Complaint in Maharashtra
Here are typical triggers for homeowners and investors:
- Delayed Possession: Waiting years for possession while still paying EMIs
- Missing Completion or Occupancy Certificates (CC/OC): Making the home legally unfit for occupancy
- Deviation from Sanctioned Plans: Builders changing the layout or facilities without buyer consent
- Non-Delivery of Promised Amenities: Gym, clubhouse, or parking never delivered
- Fraudulent Project Advertising: Projects shown as RERA-registered when they’re not
In 2023, buyers from Thane filed a RERA complaint in Maharashtra after two years of delay. MahaRERA ordered a full refund with interest. When the builder didn’t comply, recovery proceedings were initiated under Section 40.
2. How to File a RERA Complaint in Maharashtra: Step-by-Step
Filing a RERA complaint in Maharashtra is designed to be consumer-friendly.
- Document Everything
Collect allotment letters, agreement to sell, payment receipts, emails, brochures, WhatsApp chats, and all other relevant documents.
- Visit the official MahaRERA website and register yourself as a complainant.
Once registered, log in to your account to proceed with filing your complaint.
- Fill Out Form A
Provide details about the project and developer, facts of the complaint, and the relief sought refund, compensation, possession, or rectification.
- Pay the Fee
Currently ₹5,000 in Maharashtra, payable online.
- Track Your Case
After submission, use the reference number to monitor your complaint. MahaRERA aims to resolve cases within 60 days, though complex ones may take longer.
3. Powers of MahaRERA: Your Legal Shield
The RERA authority powers are extensive:
- Summoning parties and compelling attendance
- Ordering refunds, compensation, or possession
- Demanding document production and inspection
- Imposing penalties up to 10% of the project’s cost
- Issuing interim relief orders to protect homebuyers during proceedings
MahaRERA functions as a quasi-judicial authority and follows procedures similar to civil courts.
4. RERA Order Enforcement in Maharashtra: Making It Work for You
Winning a complaint is only the first step. If the builder does not follow the order, further legal recourse is available.
- Apply for Execution Under Section 40
File for execution when the builder fails to act. MahaRERA issues a Recovery Certificate.
- Recovery as Arrears of Land Revenue
District Collectors can recover dues using state mechanisms for unpaid government dues.
- Further Legal Actions
Under Section 63, non-compliance may lead to imprisonment for up to three years, a fine, or both.
Legal Advice: What to Do and What to Avoid
- What You Should Do:
- File your RERA complaint in Maharashtra within three years of the violation
- Maintain detailed documentation
- Seek legal consultation early for high-value or complex disputes
- What to Avoid:
- Do not rely on verbal assurances from builders
- Avoid informal or undocumented settlements
- Don’t accept revised deadlines casually without legal review
- Avoid agreements with unilateral clauses allowing the builder to change terms
Getting early legal assistance can significantly improve the strength and success of your complaint.
RERA Appeals: If You’re Not Satisfied
If you’re unhappy with MahaRERA’s decision, you may:
- Appeal before the RERA Appellate Tribunal
- Appeal further to the Bombay High Court within 60 days
Conclusion
Filing a RERA complaint in Maharashtra gives homebuyers and developers a structured, fast-track legal route to address unfair real estate practices. With strong RERA authority powers and mechanisms for effective RERA order enforcement, MahaRERA plays a vital role in protecting homebuyer rights.
Be proactive, know your rights, and seek professional guidance early to avoid long-term losses.
Disclaimers
This article is intended for general informational purposes only and does not constitute legal advice, opinion, or representation. The content may not reflect the latest legal developments or apply to your specific circumstances. Readers are strongly encouraged to consult a qualified legal professional for advice Customised to their individual legal issues. Accessing or relying on this information does not create an attorney-client relationship. Tigde Law Firm assumes no responsibility or liability for any decisions or actions taken based on the content of this article.
About Tigde Law Firm
Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.
Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.
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