Table of Content
Homebuyers in Maharashtra often approach the Maharashtra Real Estate Regulatory Authority (MahaRERA) when developers fail to deliver homes on time or do not fulfill promised amenities. While orders for compensation have been issued in many cases, the recovery process has remained slow and challenging. To solve this issue, MahaRERA has now introduced a new Standard Operating Procedure (SOP) that ensures homebuyers receive compensation within 60 days.
This latest MahaRERA update aims to strictly enforce the Bombay High Court’s directives and provide timely relief to aggrieved homebuyers across the state.
Why These New MahaRERA Guidelines Matter
Many homebuyers are left struggling when developers delay possession or compromise on construction quality. Some end up moving from one authority to another to recover their rightful compensation. MahaRERA’s new guidelines are crucial because they:
- Speed up financial relief
- Ensure accountability among developers
- Strengthen consumer protection in Maharashtra’s real estate market
The move reflects a more proactive approach to safeguarding homebuyer rights.
Also Read: Maharashtra Scraps Registration Fee for Cluster Redevelopment Homebuyers
Objective of the New SOP
MahaRERA has clarified that the primary aim of the SOP is to ensure compensation orders are executed within 60 days. The authority wants to avoid unnecessary delays after issuing judgments, especially in cases where the developer has repeatedly failed to comply.
This framework ensures that the interests of the homebuyers are given top priority.
Key Provisions Under MahaRERA’s New SOP
1️. 60-Day Compensation Deadline
If the developer does not pay compensation within 60 days of the MahaRERA order, the homebuyer must file a non-compliance application seeking:
- Compensation recovery
- Interest on delayed possession
- Any additional penalties, depending on case specifics
2️. Fast-Track Hearing Within Four Weeks
Once the non-compliance request is submitted:
- MahaRERA will hear the matter within four weeks
- The developer will be offered a final chance to comply
This helps prevent repeated adjournments and delays.
3️. Developer Must Declare Assets
If the developer still fails to clear dues:
- They must file an affidavit listing all movable and immovable properties
- Bank accounts and investments must also be disclosed
This step ensures the authority has full visibility into resources that can be used for compensation recovery.
4️. Recovery Warrant to District Collector
To enforce the order:
- A Recovery Warrant will be issued
- District Collector may seize or attach assets, including bank accounts
This significantly strengthens execution powers against non-compliant developers.
5️. Legal Action & Possible Imprisonment
For the first time:
- MahaRERA may escalate the matter to the Principal Civil Court
- Developers could face up to 3 months’ imprisonment under the Code of Civil Procedure
This sends a clear warning to defaulters non-payment will not be tolerated.
What Homebuyers Must Do
To ensure timely compensation, homebuyers should:
- Track the 60-day deadline from the order date
- Submit a non-compliance application if payment is delayed
- Attach order copies, documents, and communication records
This swift reporting ensures that the enforcement mechanism activates without delay.
Legal & Industry Viewpoint
Legal experts have welcomed the new SOP but believe execution will determine success:
- The framework is strong, but clearer timelines and better transparency are needed
- The current recovery warrant portal lacks real-time status updates
- Professionals recommend digital tracking and reduced adjournments for best results
Even with challenges, this update is seen as a major step forward for homebuyer protection in Maharashtra.
Also Read: Maharashtra Introduces Incentives to Boost Rental Housing in Mumbai Metropolitan Region
Impact on the Real Estate Market
The new MahaRERA rules are expected to:
- Boost buyer confidence in under-construction projects
- Encourage developers to fulfill commitments on time
- Reduce litigation and delayed possession disputes
Overall, this marks an important shift toward a more transparent and trustworthy market environment.
Conclusion
MahaRERA’s new SOP brings strong enforcement power to ensure that homebuyers do not wait endlessly to receive compensation. With strict timelines, asset tracking, and penalties for non-compliance, including possible imprisonment, the update places homebuyers’ rights at the center of real estate justice.
As the system is implemented further, the hope is that homebuyers in Maharashtra will finally get the timely relief they deserve.
Ans 1. The new MahaRERA SOP ensures that homebuyers receive compensation within 60 days if developers fail to comply with RERA orders related to delayed possession or other violations.
Ans 2. If a developer does not pay compensation within 60 days of a MahaRERA order, the homebuyer can file a non-compliance application to trigger enforcement actions.
Ans 3. MahaRERA can summon the builder, demand disclosure of assets, and issue a recovery warrant. If non-compliance continues, the matter may go to civil court where imprisonment up to 3 months is possible.
Ans 4. Yes. The District Collector can attach or seize assets, including bank accounts, to recover the compensation owed to homebuyers.
Ans 5. Homebuyers must track the 60-day period and file a non-compliance request with supporting documents to activate the enforcement process.
Ans 6. Yes. With strict deadlines, faster hearings, and strong enforcement powers, the SOP aims to speed up compensation recovery and boost homebuyer confidence.