MahaRERA Reviews, Appeals & Compensation Recovery Explained – From Rectification and Tribunal Appeals to SOP 51/2025 Enforcement
By Arosh John – Founder, John Real Estate (MahaRERA Reg. No. A51700001835) & Editor-in-Chief, Thane Real Estate News (TREN)
Thane–MMR | December 2025
Quick Summary
- Under Section 31 of RERA, an aggrieved person can file an online complaint before MahaRERA with a fee of ₹5,000.
- After the MahaRERA order is passed, there are two internal remedies at the Authority level: rectification (Section 39) and review (Regulation 36 of the MahaRERA General Regulations, 2017).
- A further challenge lies with the Maharashtra Real Estate Appellate Tribunal (MAHAREAT), which hears appeals against MahaRERA orders.
- If a developer still does not pay compensation or refund, Circular 51/2025 provides a structured SOP for recovery through the District Collector and, if needed, the Principal Civil Court.
- In extreme cases of wilful non-compliance, the civil court can even order the defaulting developer to be imprisoned for up to three months.
I. Where It Starts: Complaint, Hearing and MahaRERA Order
The MahaRERA grievance mechanism begins with a formal complaint. For many homebuyers, this is the first step in turning a delayed or stuck investment into a legally enforceable MahaRERA order.
Who can file: Any “aggrieved person” (allottee, association, promoter, where applicable) in relation to a registered project.
How to file:
- Online through the MahaRERA portal
- In Form A
- With a prescribed fee of ₹5,000
Once the complaint is registered, it is listed before a bench of the Authority. Two transparency safeguards are essential at this stage:
- Roznama (record of proceedings) – For every hearing, the roznama is uploaded on the MahaRERA website so parties can track the progress of the case.
- Final orders online – MahaRERA publishes final orders/judgments on its website, accessible by complaint number, project name, promoter, etc.
The outcome of this stage is a MahaRERA order. That order can then be:
- Corrected for obvious mistakes (rectification)
- Re-examined by the same Authority (review)
- Challenged before a higher forum (Appellate Tribunal)
- Enforced through a structured recovery mechanism if not complied with
II. Rectification of Orders: Correcting Apparent Errors (Section 39)
Rectification is a narrow, technical remedy meant to fix obvious mistakes in an order.
Legal basis: Section 39 of the Real Estate (Regulation and Development) Act, 2016.
Purpose: To correct errors “apparent from the record” – for example:
- Wrong figures due to arithmetic mistakes
- Typographical errors
- Mis-typed dates or amounts that do not match the reasoning in the order
Key points:
- Rectification is not a fresh hearing on merits. It is meant only for self-evident errors.
- If the proposed rectification will materially affect the rights of any party, the Authority should allow them to be heard before modifying the order.
- Rectification is at the discretion of the Authority and must fall within the contours of Section 39.
For a homebuyer, rectification is applicable when the order clearly intends something, but the final wording or numbers do not match that intention due to a technical error.
III. Review of Orders: A Second Look by MahaRERA Itself
Where the issue is deeper than a simple typographical error, an aggrieved party can seek a review of the order.
Legal basis: Regulation 36 of the MahaRERA General Regulations, 2017.
Who may apply: Any aggrieved party to the order.
Time limit:
- The review application must be filed within 45 days from the date of issue of the order by MahaRERA.
Filing method:
- The review is filed in the same manner as the original complaint, through the online complaint portal, referencing the existing order.
Grounds for review typically include:
- An error apparent on the face of the record beyond a minor clerical error
- Important statutory provisions or binding judgments not considered in the original order
- Other sufficient reasons as recognised under the Regulations
Crucially, a review is a discretionary remedy. The Authority may either:
- Admit and allow the review application (and then modify, confirm or set aside the earlier order), or
- Reject the review application at the threshold or after hearing
Certified copies of orders
After an order is passed, parties can apply for certified copies:
- Through the complaint portal online, or
- By making an application in Form 7 under the MahaRERA General Regulations, 2017
These certified copies are often required for:
- Filing appeals before the Appellate Tribunal
- Execution and recovery
- Production before banks, societies, or other authorities
IV. Appeal to the Maharashtra Real Estate Appellate Tribunal (MAHAREAT)
If a party remains dissatisfied with the MahaRERA order – whether or not they have filed a review – the next statutory forum is the Maharashtra Real Estate Appellate Tribunal (MAHAREAT).
Position in the hierarchy
The overall chain in Maharashtra broadly looks like this:
MahaRERA / Adjudicating Officer
→ Maharashtra Real Estate Appellate Tribunal (MAHAREAT) – first appeal
→ High Court – second appeal (on substantial questions of law)
Legal framework
- Section 44 of RERA, 2016 – provides the right to appeal to the Appellate Tribunal.
- Maharashtra Real Estate Appellate Tribunal Regulations – prescribe procedure, format of appeals, scrutiny, and related matters.
- Additional State rules govern the Tribunal’s composition, officers, and service conditions.
Basic appeal mechanics
While the finer procedural details lie in the Tribunal Regulations, the core practical aspects are:
Time limit:
- An appeal must generally be filed within 60 days of the aggrieved person receiving a copy of the MahaRERA order.
Condonation of delay:
- The Tribunal may entertain an appeal after 60 days if “sufficient cause” is shown for the delay.
Form and fees:
- Appeals are filed in the prescribed form (commonly referred to as Form C), along with:
- The applicable appeal fee
- A certified copy of the impugned MahaRERA order
- Relevant pleadings and documents forming part of the case record
The Tribunal has wider powers to re-examine both the facts and the law, and to issue directions to MahaRERA or to the parties. For complex, high-value, or precedent-setting cases, MAHAREAT’s interpretation often serves as a key reference point.
V. When the Builder Still Doesn’t Pay: SOP for Compensation Recovery (Circular 51/2025)
One of the most practical pain points for homebuyers is this:
“We have a favourable MahaRERA order, but the developer is not paying.”
To address such situations more effectively, MahaRERA has issued Circular No. 51/2025, which lays down a Standard Operating Procedure (SOP) for recovery of amounts such as:
- Interest
- Penalty
- Compensation or refund directed under RERA
Step 1 – Waiting period and non-compliance
After MahaRERA passes an order directing payment, the developer is usually given a specified period (commonly around 60 days) to comply, unless the order provides otherwise.
If the developer does not comply within this period, the allottee can file a non-compliance application before MahaRERA seeking execution and recovery.
Step 2 – Non-compliance hearing and asset disclosure
On receipt of a non-compliance application:
- MahaRERA lists the case for an expedited hearing to examine the reasons for non-payment and the promoter’s conduct.
- If non-compliance persists, MahaRERA can direct the promoter to file an affidavit of assets, disclosing:
- Movable and immovable properties
- Bank accounts
- Investments and receivables
- Any other attachable assets
Failure to file this affidavit may be treated as serious non-cooperation and may lead to further coercive steps.
Step 3 – Recovery warrant to the District Collector (Section 40)
If the developer still does not comply with the order, MahaRERA may issue a recovery warrant/recovery certificate under Section 40(1) of RERA and forward it to the District Collector of the concerned district.
The District Collector then proceeds to recover the amount as arrears of land revenue, by:
- Attaching and auctioning movable or immovable property
- Attaching bank accounts and receivables
- Using other recovery tools available under revenue laws
This step effectively treats unpaid compensation as government revenue due, significantly strengthening enforcement.
Step 4 – Execution through the Principal Civil Court and civil imprisonment
Circular 51/2025 also clarifies that MahaRERA orders for compensation and interest must be executed with the full backing of the Code of Civil Procedure (CPC), in line with directions of higher courts.
Accordingly:
- If, despite the District Collector’s recovery efforts and clear orders, the promoter still fails to pay or fails to file the mandated asset affidavit, the matter can be placed before the Principal Civil Court having jurisdiction.
- Under the execution provisions of the CPC (primarily Order XXI), the civil court may:
- Attach and sell properties
- Attach salary or other receivables
- In cases of wilful default, order civil imprisonment for up to three months
This is a civil coercive measure to enforce compliance with the decree-like order, not a criminal conviction. However, it acts as a strong deterrent against deliberate non-compliance.
VI. Strategic Roadmap for Homebuyers
Putting the process in a practical sequence:
File the complaint properly
- Use Section 31, Form A, with supporting documents, and track the roznama and order on the MahaRERA portal.
Rectify obvious mistakes
- If there is a clear numerical or clerical error in the order, seek rectification under Section 39.
Seek review where legally justified
- Within 45 days of the order, assess whether there are substantial grounds for a review under Regulation 36 – such as an error apparent on the face of the record or non-consideration of a crucial legal point.
Appeal to MAHAREAT
- Within 60 days of receiving the order, consider an appeal to the Maharashtra Real Estate Appellate Tribunal in matters involving higher stakes, complex facts or broader legal implications.
Trigger execution if the builder still defaults
- After the compliance period (often 60 days) expires without payment, file a non-compliance application.
- Use the SOP under Circular 51/2025 to push for:
- Asset disclosure by the promoter
- Recovery as arrears of land revenue through the District Collector
- If required, execution before the Principal Civil Court, including attachment and possible civil imprisonment in cases of wilful default
At each stage, especially from review and appeal onwards, it is advisable to consult a legal professional conversant with RERA and MAHAREAT practice so that limitation periods, procedural requirements and evidentiary nuances are handled correctly.
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News (TREN) — a digital platform dedicated to factual, insight-driven coverage of Mumbai Metropolitan Region’s evolving property landscape. With over a decade of on-ground experience across Thane’s residential, villa, resale and NRI investment segments, he combines local market intelligence with regulatory and transactional expertise to decode how infrastructure, policies and urban planning shape real estate value. He is widely recognised as one of the established voices of Thane’s real estate market and new-age property journalism, bridging professional advisory with data-backed reporting to empower investors, developers and end-users alike.
Disclaimer
This article is prepared based on the Real Estate (Regulation and Development) Act, 2016, the Maharashtra RERA Rules and General Regulations, the Maharashtra Real Estate Appellate Tribunal framework, and publicly available MahaRERA circulars and orders, including Circular No. 51/2025, as available at the time of writing. It is intended purely for general awareness and educational purposes and does not constitute legal advice, financial advice or a substitute for professional consultation. Each case may involve specific facts, documents and legal issues; readers should consult a qualified professional or legal advisor before acting on any information contained in this article.
