‘Adjournments are often granted at the drop of hat’

In an attempt to facilitate speedy dispute redressal between builders and home buyers, Maharashtra Real Estate Regulatory Authority (“MahaRERA”), vide Circular No. 13/2021 dated September 8, 2021, bearing reference no. MahaRERA/Secy/File No.27 / 189/2021 issued directives for granting adjournments and mode of hearing of complaints.

The Maharashtra Real Estate (Regulation and Development) Act, 2016 was enacted to establish a Real Estate Regulation Authority (“RERA”) with the objective of establishing an adjudicating mechanism for speedy dispute redressal.

It is pertinent to note that u/s 31 of RERA, any aggrieved person can file a complaint for any violation or contravention of the provisions of the Act or the rules and regulations made therein. Further, Section 38(2) of the act states that the MahaRERA shall be guided by the principles of natural justice and subject to the other provisions of the Act and rules, MahaRERA  have the power to regulate its own procedure. 

In spite of rules being issued on 12/06/2020 viz. circular No 27/2020 providing the procedure that MahaRERA should adhere to for deciding complaints, the same has not been achieved in letter and spirit. There are certain elements which always delay the adjudication proceedings namely documents on which parties rely upon/place reliance in a complaint filed are not uploaded /not made available to the adjudicating machinery.

Considering the current COVID 19 pandemic, which continues to remain a major public health hazard, there is a need to reconsider the mode of hearing complaints. All of the above drawbacks has pushed the MahaRERA to issue a new circular on Adjournments and Submission of Convenience Document Set.

According to the directive issued, an adjournment cannot be granted more than twice to a party and certainly not at the request of the party except when there is compelling situation beyond the control of the party. It also stated the fact that the legal practitioner may be engaged in another court shall not be a ground for adjournment. Illness of the legal practitioner won’t be considered as a ground for adjournment unless there is a satisfactory explanation where the party couldn’t engage another legal practitioner in time. The circular also stated they will not permit any excuses such as ‘I have been briefed in the matter recently or yesterday in the morning’ or ‘I am not prepared with the arguments in the matter’. 

With regard to submission of the Convenience Document set, the circular stated only the relevant pages of the document which are required for deciding the issues should be submitted and should not exceed 20 pages. The first document in the convenience document set shall be the Vakalatnama or the Authority letter. This would be applicable to all old as well newly filed complaints. Hard copies of the Convenience Document set shall be indexed and paginated and submitted at the head office of MahaRERA one week before the complaint is listed for hearing.

The circular elaborately touches on two other core issues as well i.e., Submission of Documents and Mode of Appearance. MahaRERA is going to allow submission of hard copies, apart from online uploads. They will also continue online appearances and permit physical appearances in exceptional cases only.

Conclusion-

The efficiency in which the matters are heard and disposed of in Indian courts needs to be improved. It is essential that all tribunals/courts frame rules that avoid unnecessary delays. The principle of ‘Justice Delayed is Justice Denied’ is extremely important since it equates an unreasonable delay in justice with the denial of justice itself.

‘Justice must not only be done, but must also be seen to be done’. This dynamic provides a sound moral foundation for courts to concern themselves with perceptions of justice.

MahaRERA, through this circular, is making every effort to meet the basic goal of timely disposal of matters for which the Act was adopted. All other legal forums should follow this course of action. The right to speedy disposal of  matter is one of the most basic rights of the litigant, as without it, justice cannot be considered to be served.