Media Release
Mumbai, Jan 24: Advocate Anil D'Souza, Hon Secretary of the Bar Association of MahaRERA said, “Although self-representation by litigants is encouraged, some litigants are unable to present their grievances in the right manner and format which would have enabled the Presiding / Adjudicating officer to deliberate on the issue and give appropriate relief faster and quicker."
He shared several anomalies like flat purchasers not giving entire data and proper information upfront in their complaint such as the exact amount paid, dates of payment, specific details in the registered agreement like date of possession and importantly if there is a grace period already allowed in the registered agreement.
"Besides this, there are other terms and conditions in the registered agreement, which the flat purchasers have already agreed and signed upon. All these important details surface when the Presiding/ Adjudicating Officer painstakingly interrogates the parties concerned. All this leads to a huge time lag and also exasperates the system.
"And these issues are just at the drafting stage. In fact, one presiding member has even come up with a simple format that captures the summary of the entire case on one single page.
In addition Anil D'Souza explained, “When the matter comes up for hearing, before the Presiding/ Adjudicating Officer, builders or developers usually have very suave, learned and experienced lawyers or law firms to represent them. On the other hand, the homebuyer might not be able to launch into a verbal duel with these counsels to put forth his points in a coherent manner. Although I must add that not only the MahaRERAjudges and legal assistants are very supportive, but even the builders’ lawyers handle the situation carefully. But complainants, due to inexperience with the legal sphere, might find themselves at a disadvantage. Even the legal procedures and stages of a court case may sometimes baffle and intimidate him.
"Attendance can also be an issue for those, who are busy in their jobs and businesses. Already the litigant is reeling under the weight of EMIs or rent or both and cannot afford further costs such as advocate fees.
“In this logjam, between builders and flat purchasers, the Legal Aid Cell, by the Advocates of the Bar Association of MahaRERA and MahaREAT is the need of the hour. Most of us, have been practicing at the MahaRERA since its litigation arm started in June 2017. We are only too happy to help anyone, who needs assistance, clarification and information. Many of us, have anyways been doing this pro-bono. Many of our members have conducted several workshops across Mumbai to raise awareness about The RERA Act 2016 and the MahaRERA and this Legal Aid cell is a natural extension of a social cause.
Hence this free legal aid is a good move and will help litigants who cannot afford high lawyer fees and who are not conversant with the legal procedures and processes."