Not a single Pune Rera court order executed in last 15 months
Collectorate claims loopholes in system affecting execution.Updated: Jun 29, 2019 17:15 IST
The Pune bench of the Maharashtra Real Estate Regulatory Authority (Maha-Rera) court has passed at least 300 orders since its inception in March, 2018, yet, not a single order has been executed as of June 28, 2019.
According to the Maha-Rera Act, 2016, once the Rera court passes an order, it is passed on to the respective district collectorate for execution. The collectorate is expected to inform the court on action taken.
FD Jadhav, deputy secretary, Maha-Rera, Pune, accepted that so far the Pune Rera court has not received even a single notice from the district collectorate with regards to the execution of the orders passed by the city bench in the last 15 months. He confirmed the court has passed orders in at least 300 cases.
Officials from the authority said their responsibility ends once an order is passed by the Rera bench.
“Our work is to intervene and issue a recovery warrant order if a builder does not refund money to a property owner; or intervene in other cases. The execution of these orders has to be done by the collector’s office. We have written to the district collectorate in this regard multiple times. However, we are yet to receive a response from them,” an official said requesting anonymity.
Jayashree Katare, resident deputy collector said, “It is true that we have to write back to the Maha-Rera once the orders are executed. However, the execution has become a lengthy process owing to various loopholes in the information given to us by the Maha-Rera office.”
Katare said, “There are cases where the district collectorate is unable to attach properties because the order is not accompanied with property cards and other documents. We have also raised this concern with the Rera officials.”.
Pune Rera bench autonomy is still a case in hearing
In order to facilitate the litigants from the western region, the Maharashtra Real Estate Regulatory Authority (Maha-Rera) had established the Pune bench Rera court in March 2018.
Despite the sanctioning of Pune court by the Mumbai authority, the city court is far from being fully functional as it has been given powers to only comply the cases related to compensation, while the rest of the executive authorities have been rested by the Mumbai bench exclusively.
Due to this, the related organisations in city’s real estate fraternity are questioning the reason of establishing the court in Pune.
DK Abhyankar, senior member of the Confederation of Real Estate Developers’ Associations of India (Credai) and conciliation forum member, said “In order to deliver a faster justice to the residents, it is a must that Pune Rera court also has the same executive powers as that of the Mumbai court. Also, with this, the burden on the Mumbai court will mitigate.”
He added, “In the current situation, the Pune Rera court is partially functioning as it is only looking at cases with the nature of compensation and nothing else.”
According to Maha-Rera officials in Pune, there are at least 700-800 cases from the western region especially from Pune, the hearing for which is currently underway in the Mumbai court.
FD Jadhav, deputy secretary of Maha-Rera, Pune said, “While it is true that currently we can only look after the cases related to compensation in the Pune court, however, the decision to allow or disallow the Pune bench to handle other cases has to be taken by the government.”
According to Jadhav, for the Pune court to undertake other cases, an amendment to the existing Maha-Rera Act needs to be carried out.
Conciliation forum resolves 95 per cent of cases in one year
The conciliation forum in Pune, set up by the Maharashtra real estate regulatory authority (Maha-Rera), has resolved 95 per cent of the 114 cases that have been transferred to it by the Mumbai Maha-Rera bench in 2018-2019.
DK Abhyankar, senior member of the conciliation forum, said, “It is an achievement for us that within a year we have resolved 95 per cent of the cases.
“The verdict for all the cases has been in favour of the consumers.
“While few cases were resolved in the form of out of court settlement, the verdict for the rest was given by the forum.”
The conciliation forum in Pune was set by the Maha-Rera in March 2018 under Section 32(g) of the Rera Act with an objective to amicably resolve disputes between the allottee and the promoter.
FD Jadhav, deputy secretary of Maha-Rera, Pune, said, “This is a big achievement as they have been able to meet the consumers’ expectations.
“The basic reason for setting up such conciliation forum in Pune was to ensure that authorities catered to the needs of the people in the division.”