RERA Conciliation Process: A Faster Way to Settle Property Disputes in India

Property disputes can be a significant source of stress for Indian homebuyers, often involving years of legal battles and mounting costs. But the RERA conciliation process offers a welcome alternative. This mechanism, part of the Real Estate (Regulation and Development) Act, 2016, allows for a quicker, more amicable real estate dispute resolution outside of a formal courtroom.

This article will guide you on how to use the RERA conciliation process effectively, from understanding its legal basis to the practical steps you need to take. We’ll show you how this process can lead to a swift RERA complaint settlement, saving you time and money.

Legal Background and Jurisdiction RERA conciliation process

Section 32(g) of the RERA Act empowers state regulatory authorities to actively facilitate amicable settlements between developers and homebuyers through the RERA conciliation India initiative. This mechanism is a form of Alternative Dispute Resolution (ADR) and is distinct from a formal complaint.

While RERA applies nationwide, the effectiveness of the conciliation process varies by state. Maharashtra (MahaRERA), for example, has a highly developed system with dedicated conciliation benches. The MahaRERA conciliation forum has a reported success rate of 35-50%, demonstrating its effectiveness in providing a quick resolution. This is a significant improvement over the prolonged litigation that many property owners face.

Common Disputes and the Conciliation Advantage

The RERA conciliation process works particularly well for resolving common issues before they escalate into complex legal fights. These issues include:

• Delayed Possession: The builder fails to hand over the property on time, causing financial distress to the buyer.
• Quality and Construction Defects: The property delivered doesn’t match the promised quality or has significant structural issues.
• Unfair Charges: The builder imposes unforeseen costs on the buyer, such as for parking or clubhouse access, that were not part of the initial agreement.

A recent case illustrates the advantage of the RERA conciliation process: a buyer used it to resolve a delayed possession dispute. Rather than waiting years in a formal court, the parties reached a settlement in under two months, with the builder agreeing to a revised possession date and compensation. This example shows how parties can achieve a swift and fair RERA complaint settlement.

Practical Steps to Use the RERA Conciliation Process

Using this process is straightforward if you follow the right steps:

• Preparation is Key: Gather all your documents, including your Agreement for Sale, payment receipts, and all correspondence with the builder. Clear, factual evidence is crucial.
• File an Online Request: Visit your state’s RERA portal. Many states, like Maharashtra, have a specific section for conciliation requests. You must fill out the form with all the details of your dispute.
• Mutual Consent: The builder must agree to participate in the conciliation. Once they consent, you must pay a small, nominal fee to proceed.
• Attend the Hearing: A neutral conciliator, often a legal expert, will be assigned to your case. The hearing is a guided discussion where you and the builder present your sides. The conciliator’s goal is to help you find common ground, not to pass a judgment.
• Sign the Settlement: If the parties reach an agreement, the conciliator drafts a legally binding settlement agreement. This document is final and enforceable, closing the dispute.

What to Avoid and When to Seek Legal Help

While the RERA conciliation process is designed to be accessible, there are common mistakes you should avoid:

• Don’t Go It Alone for Complex Issues: While you can file the request yourself, for disputes involving significant financial stakes or complex legal questions, it is wise to consult a lawyer.
• Don’t Rely on Verbal Promises: Always insist on having any agreements or changes documented in writing. Verbal promises have no legal standing.
• Don’t Delay: The sooner you act, the easier it is to resolve the matter. Delaying a complaint can weaken your case.

If the builder refuses to participate in conciliation or you feel the proposed settlement is unfair, you can still file a formal RERA complaint. In such cases, having professional legal guidance is essential. A qualified lawyer can represent your interests and ensure you meet all legal and procedural requirements.

Conclusion: Be Proactive, Be Empowered

The RERA conciliation process is a powerful tool designed to help Indians resolve property disputes efficiently. By understanding its mechanics, being proactive with documentation, and seeking expert advice when needed, you can protect your investment and move toward a fair and swift resolution. Don’t let a property dispute overwhelm you; use the law to your advantage.

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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