Who it applies to
Promoters facing complaints or show-cause proceedings, allottees with claims for delay, refund or defects, and agents named in complaints.
Legal basis
| Provision | What it covers |
|---|---|
| Section 31 | Complaint to the Authority or Adjudicating Officer for any violation of the Act, Rules or Regulations |
| Section 18 | Refund with interest and compensation on withdrawal, or interest for every month of delay till possession |
| Rule 18, Maharashtra RERA Rules 2017 | Interest at SBI highest MCLR + 2% p.a. |
| Section 71 | Adjudicating Officer decides compensation under Sections 12, 14, 18 and 19 |
| Section 44 | Appeal to the Maharashtra Real Estate Appellate Tribunal within 60 days of the order |
| Section 43(5) proviso | Promoter must deposit at least 30% of the penalty, or the full amount payable to the allottee with interest and compensation, before the appeal is heard |
| Section 58 | Appeal to the High Court within 60 days of the Tribunal's order |
| Section 56 | Parties may appear in person or through a CA, CS, CMA, legal practitioner or their officers |
Documents required
Agreement for sale and allotment letter, payment receipts and bank statements, correspondence with the other party, possession offer or OC (if any), project page extracts from MahaRERA, and any prior orders.
Timeline
| Stage | Time limit or typical time |
|---|---|
| Reply to complaint | As directed in the notice |
| Hearings before MahaRERA | Depends on cause list |
| Appeal to Appellate Tribunal | Within 60 days of the order |
| Appeal to High Court | Within 60 days of the Tribunal order |
Consequences of non-compliance
Under Section 63, a promoter failing to comply with Authority orders faces a penalty for every day of default, which may cumulatively extend to 5% of the estimated project cost.
Non-payment of awarded amounts can be recovered as arrears of land revenue under Section 40.
How we help
- Assessment of exposure: refund, interest and compensation computed at the Rule 18 rate
- Replies, written submissions and documentary evidence
- Appearance before MahaRERA under Section 56; legal practitioners for matters that need them
- Settlement and conciliation where suitable
- Appeals and pre-deposit planning under Section 43(5)
- Execution and recovery support
We run a conflict check before accepting any matter. We do not act against an existing client.
Received a complaint or notice?
Request a consultation with the notice and agreement attached.
Content as at 27-10-2026. General information only, not professional advice; see our Disclaimer.