RTI for MahaRERA Builder Complaint Housing Project

The Maharashtra Real Estate Regulatory Authority, universally known as MahaRERA, is the statutory body constituted under Section 20 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), for the state of Maharashtra. It is one of the most active state-level RERA authorities in the country, with a large volume of registered real estate projects, thousands of complaints filed by homebuyers and allottees, and a dedicated conciliation forum. MahaRERA is a state public authority under Section 2(h) of the Right to Information Act, 2005, and is subject to the full disclosure obligations of the Act.

For flat purchasers, housing society members, and homebuyers who are dealing with project delays, builder defaults, possession disputes, or unenforceable RERA orders, RTI is a powerful tool to access MahaRERA's own administrative records — the project registration file, the promoter's quarterly progress reports, the hearing history of a pending complaint, the conciliation forum proceedings, and the enforcement correspondence on a decided order. Understanding what RTI can and cannot do in the MahaRERA context is essential before filing.

What RTI Can and Cannot Do at MahaRERA

It is important to distinguish at the outset between two entirely different legal tools that operate in the real estate regulatory space: a RERA complaint and an RTI application.

A complaint under Section 31 of the RERA Act, 2016 — filed directly on the MahaRERA portal — is the primary legal remedy for an aggrieved allottee. It triggers an adjudicatory proceeding before a MahaRERA adjudicating officer or bench, which can issue binding directions against the promoter: directing possession, ordering refund with interest, or awarding compensation. This is the mechanism for obtaining legal relief against a defaulting builder.

An RTI application under the RTI Act, 2005, is a transparency tool of an entirely different nature. It gives you access to MahaRERA's own records — what the promoter declared in quarterly reports, what orders were passed, how the complaint was handled, what enforcement action was taken — but it cannot generate any legal direction against the promoter and is not a substitute for a RERA complaint. RTI and RERA complaints operate in parallel: file a RERA complaint for the substantive remedy, and use RTI to monitor how MahaRERA is administering both the project and your complaint.

Project Registration Status and Promoter Quarterly Update Submissions

Every real estate project that falls within the RERA Act's scope must be registered with MahaRERA before marketing or sale. The registration record is the foundational document: it contains the declared possession date (by phase or wing), the total number of units, the carpet area of each unit, the details of the escrow or designated bank account maintained under Section 4(2)(l)(D) of the RERA Act, and the names and addresses of the promoter and its directors.

Equally important are the quarterly progress reports (QPRs) that every registered promoter must submit to MahaRERA every quarter under Section 11 of the RERA Act. These reports disclose the stage and percentage of construction completed as of the reporting date, the number of units sold and the aggregate amount collected from allottees, and the balance in the designated account. Via RTI, a flat purchaser can obtain all QPRs submitted for a project from registration to date — and compare the declared construction progress against what is actually visible on site. A pattern of consistently inflated completion percentages, or a mismatch between the amounts collected from buyers and the designated account balance, is powerful evidence for a complaint before MahaRERA.

RTI can also surface any extension orders granted by MahaRERA extending the declared possession date — the date of extension, the reasons recorded, and the revised possession date. Where MahaRERA has granted repeated extensions without adequate justification, this record supports a complaint before the Maharashtra Real Estate Appellate Tribunal (MREAT) or a challenge in the Bombay High Court.

Complaint Proceedings: Hearing History, Orders, and Adjournments

MahaRERA receives a large volume of complaints under Sections 31 and 18 of the RERA Act from flat purchasers seeking possession, refund, or compensation. In practice, many complaints experience protracted delays — repeated adjournments, bench changes, incomplete orders, or unexplained pendency. For a complainant experiencing these delays, RTI is a direct way to obtain MahaRERA's official record of how the proceeding has been conducted.

Via RTI, a complainant can obtain: the complete hearing history by complaint number — every date scheduled and actually held, the bench or officer assigned on each date, the orders made at each stage, any interim order (such as a direction to the promoter to maintain the status quo or submit a statement of accounts), and the reasons recorded for each adjournment. If the complaint has been transferred from one bench to another or from one district office to another, the RTI response will surface the transfer order.

This paper trail is essential for two purposes. First, it informs the complainant about the actual procedural status of the case — clarifying whether delays are on account of the complainant's own non-appearance, the promoter's non-cooperation, or internal MahaRERA scheduling. Second, it provides documented evidence of prolonged pendency that supports a grievance petition before MREAT or a writ of mandamus in the Bombay High Court directing MahaRERA to decide the complaint within a reasonable time.

Conciliation Forum Records

MahaRERA has established a Conciliation Forum to facilitate negotiated settlement of disputes between allottees and promoters before a formal adjudication order is passed. Conciliation is voluntary and cannot be compelled; if both parties agree, the matter is referred to a conciliation panel, and if a settlement is reached, a signed agreement is recorded and forms the basis for closing the complaint.

Via RTI, a party to a conciliation proceeding — or any allottee in the same project who wishes to understand the outcomes of prior conciliations — can obtain: the conciliation application number, the names of the parties, the date(s) of the conciliation sitting, whether the conciliation resulted in a settlement or failed, the signed settlement agreement (if any) and its terms, or the reasons recorded for failure of conciliation. This information is particularly useful where a promoter has offered inconsistent terms to different allottees in the same project, or where a promoter claims a conciliation-based settlement with one allottee as a precedent to resist a similar claim from another.

Order Enforcement and Recovery Certificates

One of the most persistent frustrations for homebuyers in the RERA ecosystem is the gap between a favourable MahaRERA order and its actual enforcement. Section 40 of the RERA Act, 2016, provides that an order of MahaRERA — for refund, compensation, or interest — may be enforced as if it were an order passed by a civil court, and the amount due can be recovered as arrears of land revenue by forwarding a recovery certificate to the Collector of the district where the promoter or its assets are located.

Via RTI, an allottee holding an unsatisfied MahaRERA order can ask MahaRERA: whether a recovery certificate has been issued in respect of the order; the date of issue; the Collector's office to which it was forwarded; the amount specified in the certificate; and the status of the Collector's recovery proceedings. If no recovery certificate has been issued despite the order being final and not stayed by any appellate or court order, the RTI response will establish this gap — supporting a follow-up application to MahaRERA's enforcement wing, a grievance to the Housing Department, or a writ petition.

Inspection and Site Audit Records

MahaRERA has the power to conduct site inspections and audits of registered projects under Section 35 of the RERA Act. Such inspections may be triggered by a complaint, by discrepancies in QPRs, or by MahaRERA's suo motu oversight. The inspection report — the findings, any directions issued, the promoter's response, and MahaRERA's follow-up action — is part of MahaRERA's administrative record and is accessible via RTI.

For allottees in a project where construction appears to have stalled or where structural concerns have been raised, obtaining the inspection report through RTI can confirm whether MahaRERA is aware of the situation, what the inspector observed, what directions were issued to the promoter, and whether those directions were complied with. This documented record is essential for any further legal action, including a complaint to the local municipal authority, CREDAI, or the Bombay High Court.

How to File RTI with MahaRERA

Step 1: Gather Your Reference Details

Before drafting the RTI, gather the MahaRERA project registration number (available on maharera.mahaonline.gov.in by searching the project name or promoter name), your complaint number if you have filed one, and your flat details (wing, floor, flat number, carpet area). Precise identifiers help the SPIO locate the correct file and reduce the likelihood of a vague or deflected response.

Step 2: Draft a Precise Application

Use the sample application provided above. Each information request should be a clearly numbered query referencing specific records — QPRs by quarter, the complaint by number, the enforcement certificate by the order date. Avoid broad requests such as "all information about the project" — specific queries yield specific, usable responses.

Step 3: File Online via Aaple Sarkar

File your RTI application online at aaplesarkar.mahaonline.gov.in and pay the ₹10 application fee electronically. You may also submit a physical application by registered post to the SPIO, MahaRERA, 1st Floor, Property Registration Bhavan, 5 Hazarimal Somani Marg, Fort, Mumbai – 400001, and pay the fee by demand draft or Indian Postal Order. BPL cardholders are exempt from the fee — attach a copy of your BPL card.

Step 4: Track the Response

The SPIO must respond within 30 days of receipt under Section 7(1) of the RTI Act, 2005. For matters involving life or liberty, the deadline is 48 hours. Keep the portal acknowledgement number or the postal dispatch proof as evidence of the filing date.

Step 5: Appeals If the Response Is Inadequate

If MahaRERA does not respond within 30 days, or provides an incomplete, evasive, or incorrect reply:

• First Appeal under Section 19(1): File with the First Appellate Authority (FAA) designated within MahaRERA within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable. No fee is required.
• Second Appeal under Section 19(3): If the FAA's response is also absent or unsatisfactory, file with the Maharashtra State Information Commission (MSIC) — constituted under Section 15 of the RTI Act as the state information commission for Maharashtra — within 90 days of the FAA's decision or the expiry of the FAA's response period. No fee is required. The MSIC can direct MahaRERA to provide the information and may impose a penalty of ₹250 per day (up to ₹25,000) on the SPIO personally under Section 20 of the RTI Act.

Practical Tips for an Effective MahaRERA RTI Application

• Always quote the MahaRERA registration number: MahaRERA registers thousands of projects; without the registration number, the SPIO will not be able to identify the correct project file. The registration number is available on the MahaRERA public portal.
• Request certified copies of orders: Ask for certified copies of adjudication orders and conciliation agreements — not just summaries or page references. Certified copies are admissible in MREAT, the Bombay High Court, and consumer forums.
• Use RTI alongside, not instead of, your RERA complaint: RTI gives you the paper trail; the RERA complaint gives you the legal remedy. Both should be pursued simultaneously where a builder default is involved.
• Cross-check QPR disclosures: Compare the promoter's QPR declaration about construction stage and escrow balance against what you observe on site and what the promoter has communicated to allottees in letters or project updates. Discrepancies are grounds for a Section 31 complaint.
• Note the MSIC jurisdiction: MahaRERA is a Maharashtra state public authority — the CIC has no jurisdiction over MahaRERA RTI appeals. All RTI appeals, including the Second Appeal, remain within the Maharashtra state system and must be addressed to the MSIC.