Judicial Misconduct and Corruption in MahaRERA

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Judicial Misconduct and Corruption in MahaRERA

Posted By Sarin on Aug 17, 2022

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I, Asha devi, am a 62 year old litigant and diabetic patient, fighting tirelessly against a builder for the last 16 years to obtain compensation and possession of the flat that belongs to my elder son. Following the enactment of the new RERA law, I filed a complaint (CC006000000000693) before the MahaRERA authority in Sep 2017 with the hope that the new RERA Law will provide me the much-needed relief against the politician-cum builder, who has been using this political influence and financial power to harass us and deny us the possession of the flat since Mar 2008. However, I have been heavily disappointed with the judicial misconduct of judges(Members) and registrar of MahaRERA authority, as well as the MahaRERA Appellate tribunal, as they are working in tandem with the builders to harass homebuyers and deny justice to the homebuyers. Despite of knowing that the complainant have not received possession of flat for 16 long years, all members and registrar of MahaRERA tribunal kept harassing the complainant via their judicial misconduct and illegal orders.
Through this post, I shall show how corruption is deeply rooted in the lower court like MahaRERA authority and MahaRERA Tribunal. This post will also show that 8 out of 9 judges(Members) deliberately passed biased and illegal orders to favour the fraud promoter/builder. Not only judges(Members), even Registrar, chairperson and other officers of RERA were involved in suppression of my complaints/RTI. In all the complaints against this builder, biased orders have been passed by judges(Members) in favor of the builder. This case will also prove that RERA law is powerless in cases where the fraud builders use their political influence to bribe/influence the members/judges(Members). Complainants don't get any relief and are rewarded with only years of harassment and mental agony by members/judges(Members) of MahaRERA.

According to RERA law, all complaints and appeals should be disposed within 2 months but my complaint CC006000000000693 is still pending before the MahaRERA authority, thanks to the series of biased and arbitrary order passed one after another by the corrupt judges(Members) of MahaRERA on my appeal AT006000000010381 (Filed in Jun 2018).

This has happened despite of the fact that I have informed the judges(Members) the following:-
1)    When we filed complaint in Sep 2017, Promoter sent goons to our house. His goons also followed us in court premises of Hon'ble MahaRERA authority
2)    Promoter is a habitual offender and has 20+ cases against him including criminal cases
3)    By bribing lawyers and using his political influence, he has dragged 5+ cases for 10+ years, with additional cases dragged for 5+ years
4)    Other complainants have expressed concerns about filing cases against him, citing fears related to his criminal behavior and judicial bias resulting in orders in his favour
5)    In this case, I have provided multiple documents exposing fraudulent activities committed by the promoter against landowners, flat owners, and government agencies such as NMMC and CIDCO.
6)    Promoter has been caught red-handed bribing voters (distributing cash during elections)and has a history of manipulating legal and judicial processes.
7)    Despite numerous pending complaints, the MahaRERA Authority has not taken any corrective action against the promoter for various non-compliances and fraudulent activities
8)    In my case, judges(Members) of MahaRERA Tribunal conducted 60+ biased hearings and passed series of biased, illegal and arbitrary orders to favour the fraud promoter and suppress my complaints. Chairperson and registrar took no action on the judicial misconduct and corruption of RERA judges(Members). Despite complaining to the Chief Justice of the Bombay High Court and the Minister of Law and Judiciary, no corrective actions have been taken to stop the judicial misconduct of judges(Members).


Below is the list of event along with application/Order download links that will prove that because of the biased/Corrupt members and registrar of the MahaRERA Appellate tribunal, homebuyers like my son don't get possession of flat nor any compensation, instead we are burdened with years of mental pain and harassment

Sr. No	Date	Event/Incident	Application/ Order Download Link
1	27^th Sep 2017	I filed a complaint before MahaRERA Authority with proofs on how the builder cheated/fooled us since Mar 2008	Copy of Complaint
2	26^th Oct 2017	Promoter replied with lies and meritless arguments. Promoter requested the hon'ble member to dismiss the complaint as it is not maintainable	Reply of Promoter to my complaint
3	7^th Nov 2017	I filed this Additional Reply, exposing the Promoter lies and meritless arguments	My Additional Reply to Promoter Lies
4	9^th Nov 2017	Promoter sent goons to my home. His goons also followed us to RERA court premises. On seeing me unafraid of his threats, he demanded my son to be present for settlement. His intent was to threaten me and my son and force settlement as per his terms and conditions. This documents shows his lies and dominating attitude	Promoter forcing me to bring my son personally for settlement, instead of discussion over phone
5	5^th Jan 2018	My son sent this settlement letter to settle the dispute out of court. My son gave two options to Promoter and demanded less than 50% compensation. Still, Promoter refused to settle the matter and kept dragging the case via lies before the MahaRERA Authority	Signed Settlement Letter of my son
6	12^th May 2018	More than 17 hearings happened. Promoter kept dragging the complaint by filing meritless application like this one. When I warned the hon'ble member that I will complain against the wasteful/biased hearings by this court, hon'ble member agreed to pass the order	Affidavit of Promoter with lies and meritless argument with no proof/evidences of the same
7	23^rd May 2018	Order was uploaded. Order was biased as Compensation was ordered only since May 2017, despite of fact that hon'ble member have said on earlier hearings that he will order compensation since possession of flat as per agreement i.e Mar 2008	Order passed by MahaRERA authority after 17+ hearings
8	6^th Jun 2018	Filed an appeal against the order passed by MahaRERA authority in MahaRERA Appellate tribunal	Appeal before MahaRERA Appellate tribunal requesting compensation since the registration of flat(2009) and possession of flat
9	12^th Dec 2018	Multiple hearings happened. Promoter told lot of lies. When I showed documents exposing lies of Promoter, judge realized the fraudulent act of Promoter and passed the order granting us 10.05% interest as compensation since Feb 2009.	Tribunal Order granting us compensation since year 2010
10	12^th Mar 2019	Promoter filed series of frivolous application to delay the execution of tribunal order dated 12th Dec 2018. He started with Review application(26 of 2018) on imaginary and ridiculous grounds	Review Application praying for setting aside the order dated 12th Dec 2018
11	16^th Apr 2019	While Promoter filed review application, I filed an execution application before the Maherara Appellate Tribunal for execution of order dated 12th Dec 2018	My Execution Application 33 of 2019
12	29^th Aug 2019	Promoter filed a 200+ pages reply to execution application repeating the same lies that had already been rejected by MahaRERA Appellate Tribunal	Promoter Reply To Execution Application
13	31^st Aug 2019	I filed the reply on review application, criticizing the repeated lies and imaginary grounds of the Promoter	Reply To Review Application
14	25^th Sep 2019	Court 1 of MahaRERA Tribunal bench dismissed the review application and thereby, upheld the order passed on 12^th Dec 2018	Order dismissing the frivolous Review Application of Promoter
15	Oct 2019	After review application was dismissed, Promoter filed another Misc. application 465 of 2019, to drag the case, again requesting the judges(Members) to recall the order passed on 12^th Dec 2018	Misc. Application to recall order even after his review application was dismissed
16	9^th Oct 2019	On Execution application, Promoter kept saying lies and demanded proof of payment on 22.59 lakhs paid towards the purchase of flat. Therefore, I submitted this affidavit on proof of payment	My Affidavit showing proof of all payment to promoter
17	15^th Nov 2019	I replied to their Misc Application on recalling order, arguing that this application is not maintainable as the order passed on 12^th Dec 2018 has been already reviewed by this bench and one bench does not have the authority to recall the order of another bench	Reply To Misc Application on recalling order
18	20^th Jan 2020	judges(Members) ignored Misc Application on recalling order and continued listening to my arguments on Execution application. Promoter kept peddling lies and demanded proof of payment on 22.59 lakhs paid towards the purchase of flat and thus, forced us to file this additional affidavit on proof of payment	Additional Proof of payment made to promoter
19	3^rd Oct 2020	This was first hearing after Corona epidemic. From this moment, judges(Members) conducted biased proceedings and kept passing arbitrary and biased order favouring the promoter. Promoter refused to accept receiving payment 22.59 lakhs, disputed on payment again by filing this affidavit	My 3rd affidavit on payment made to promoter
20	14^th Oct 2020	judges(Members) refused to hear my arguments and forced us to get and submit bank records, thereby forcing all my family members to bring bank records on proof of payment. As a result, we were forced to submit this additional affidavit on proof of payment with bank records	Additional Proof of payment made to promoter(With bank records)
21	10 Oct 2020	Meantime, promoter filed another Misc Application was filed for recalling of order passed on 12^th Dec 2018. This time, biased judges(Members) admitted mischievous Misc Application 465 of 2019 and asked me to file reply	Another Misc Application 436 of 2020 for recaling of order dated 12th Dec 2018
22	9^th Jan 2021	I filed the reply on Misc Application(of recalling order) but noticed that the judges(Members) were not interested in hearing any of my arguments and continued to favor the Promoter	My Reply To Misc Application 465 of 2020
23	15^th Jan 2021	As the hearings were completely one-sided, partial and biased in favor of Promoter, I complained to Chairperson of MahaRERA tribunal to transfer case to another bench but instead of sending my complaint to Chairperson, biased registrar re-directed my application to the same court 2 bench, against whom I have complained of being biased	My 1st_Transfer Application(Letter) for transfer of appeal to another bench
24	19^th Mar 2021	On seeing my transfer complaint, judges(Members) become more biased. Without hearing my arguments, judges(Members) were about to recall order dated 12^th Dec 2018 and thereby, intended to make my execution application infructuous. I protested and submitted this additional affidavit with multiple supreme court judgments to argue that the bench does not have the authority to recall the order.	Affidavit attaching multiple supreme court judgment citing that passing an order of recalling will be illegal and against supreme court judgements
25	7^th Apr 2021	Despite my affidavit, Biased judges(Members) refused to listen my arguments, ignored judgments of hon'ble supreme court and passed the biased order of recalling order dated 12th Dec 2018, thereby reopening my appeal of 2018 and also rendering my execution application infructuous	Illegal and biased Order of MahaREAT judges(Members) on Misc. application 465 of 2019
26	28^th May 2021	Instead of appealing against this biased order (of recall) in Bombay high court, I decided to complain against the biased judges(Members) of tribunal before chairperson and let another bench of tribunal rehear my appeal on merits and also decide on possession of flat, in addition to compensation. So, instead of appealing in Bombay high court, I file this transfer application for transfer of appeal to another bench	My second transfer application for transfer of appeal to another bench
27	8^th Jun 2021	Promoter filed 642 page long reply, repeating the same lies and arguments that was rejected multiple times by MahaRERA Appellate Tribunal.	642 page affidavit of promoter with unnecessary documents and same lies
28	9^th Aug 2021	I received a call from the Registrar's Office informing me that one of the presiding judges(Members) has retired. He requested that I withdraw the current transfer application, as it would no longer suffice, and advised me to file an urgent hearing application to ensure that the Chairperson can consider and dispose of the appeal ASAP. I proceeded accordingly, as per the Registrar's Office instructions.	My email to Registrar office withdrawing second transfer application
29	14^th Oct 2021	Biased judges(Members) forced me to go through 642 page long document (in sr. No 27) and file the reply. I took immense page to go through this 642 page document and replied. Most of my replies were same as I filed in Execution application, but biased judges(Members) didn't even care to go through my arguments and asked the Promoter to file another dismissal application(To dismiss my appeal on frivolous grounds) without listening my arguments	Reply to affidavit of promoter again exposing his lies
30	29^th Oct 2021	As assured by registrar office, My case was not transferred to bench of chairperson. I realized that I was tricked by registrar office and the court 2 bench continues to be heavily biased as explained above. When judges(Members) allowed Promoter to file a dismissal application, I filed this 3rd transfer application for transfer of appeal to another bench	3rd transfer application for transfer of appeal to another bench
31	7^th Dec 2021	Promoter filed dismissal application with insensible arguments to dismiss the appeal without going through the merit of the appeal	Dismissal application to dismiss my appeal without going through its merits
32	11^th Jan 2022	This 3^rd transfer application was not getting listed. Registrar office was not replying to inquiry mails on why my application is not being listed. On going to RERA office, I was not allowed to meet the registrar to enquire on why my application is not being listed. So, I was forced to complain against this judicial misconduct of registrar to Registrar general of Bombay high court, highlighting 5 instances of biased misconduct of MahaRERA Tribunal Registrar	Complaint to high court on biased and judicial misconduct of MahaREAT judges(Members) and registrar
33	3^rd Feb 2022	Registrar of Bombay high court redirected my complaint to the same biased registrar of MahaRERA Tribunal, against whom I complained of being biased. As expected, Registrar of MahaRERA Tribunal took no cognizance of instructions received from Bombay high court and kept my transfer application on hold	Copy of high court instructions to Registrar of MahaRERA Tribunal to take appropriate action on my complaint
34	31^st Mar 2022	Filed reply to dismissal application. I replied to all unethical and illogical arguments of the promoter. I explained my constitutional and legal rights to file and argue the case through my legal representative	Reply To Dismissal Application
35	29^th April 2022	I Ran to Bombay high court multiple times to get the instruction order and then, demanded an answer from RERA office on why no actions has been taken till now on instruction received from Bombay high court	Copy of high court instructions to Registrar of MahaREAT to take appropriate action on my complaint
36	29^th June 2022	After lot of complaints/Inquiries to registrar/Chairperson, hearing on my transfer application was finally listed on 29th June. Chairperson dismissed my transfer application by citing few technical mistakes. IT was highly disappointing as she could have easily admitted the transfer application by using inherent powers under section 151 CPC. Moreover, As RERA is not bounded by any strict Civil procedure code, minor technical mistakes could have been ignored
37	14^th July 2022	Though disappointed, I filed this 4^th transfer application correcting all the mistakes and giving additional grounds on why the transfer application cannot be dismissed but again, registrar kept sitting on my transfer application, refusing to list this new transfer application and not responding to my inquiry mails on listing of transfer application.	4th Transfer Application for transfer of appeal to another bench
38	21st July 2022	Hearing of my both appeals was listed before the court of hon'ble chairperson but on the day before hearing, both my appeals were removed from the cause list with no explanation given.	Appeals removed from cause list
39	17th Aug 2022	As the registrar and members of MahaRERA Appellate tribunal continued with their biased conduct by ignoring my mails and keeping my transfer application on hold, i filed a complaint before the Ministry of law and justice and Chief justice of Hon'ble Bombay high court against the Corruption and judicial misconduct of MahaRERA Appellate tribunal	My complaint on judicial corruption to Chief justice of Bombay high court and minister of law and judiciary
40	Sep 2022 to Jan 2023	After my complaint to Ministry of Law and justice and chief justice of hon'ble high court, my case was finally transferred to a new bench. New bench asked me to file written submissions on both appeals and listed my case for final hearing. However from Jan 2023 to Aug 2024, no progress happened in my case. My appeal was in final hearing stage for 1.5 years as the judges(Members) kept entertaining the usual delaying tactics of Promoter like "I want a hard copy of Written submissions", "I am not feeling well", "I have filed a writ Petition" etc etc	My written arguments proving the merit of my case My additional written arguments with additional arguments on merit of my case My written arguments on respondent appeal
41	17th Apr 2023	Written submissions of Promoter repeating the same arguments and lies that had been already rejected by both MahaRERA authority as well as MahaRERA Appellate Tribunal.	Written submissions of Promoter
42	21st Oct 2023	Since Jan 2023, lawyer of Promoter kept making excuses to drag the case. One of the excuses were "I want a hard copy of written arguments on my address". When i asked his address, he refused to give his address directly. This is the mail on Promoter lawyer not co-operating and making excuses to drag the case.	Mail on Promoter Lawyer Not Cooperating and using tactics to delay the proceedings
43	29th Nov 2023	Promoter continued his dragging tactics by filing a WRIT petition in Hon'ble high court. Via this WRIT petition, Promoter aims to stop a mother from fighting a case in RERA on behalf of his son. In this petition, he has repeated the same arguments that has already been heard multiple times and dismissed by MahaRERA Authority and MahaRERA Appellate Tribunal. Promoter has deliberately not included my replies and counter arguments in this Writ petition.	Promoter WRIT petition to drag the proceedings on my appeal
44	25th May 2024	Latest video to expose fraud of the promoter. This video exposes that promoter has not done any construction in the project for last 10+ years but still manages to get bogus certificates from engineer, CA, architect by bribing/influencing them. Using such bogus certificates, promoter manages to get extension certificates from MahaRERA Authority.	Download Video
45	1st June 2024	Sharing the link to the above video, I sent a complaint to MahaRERA authority, MahaREAT, Housing department of Maharashtra and ministry of housing and urban affairs(MOHUA) to take action on fraud by promoter. But Except MOHUA, nobody responded to my complaint. In their response, MOHUA directed MahaRERA authority to look into our complaint and take appropriate action.	Complaint to MOHUA, MahaRERA and MAHAREAT on fraud of promoter
46	Aug to Oct 2024	Despite of directions from MOHUA, both MahaRERA and MahaREAT did not take any action on "fraud by promoter". On visiting MahaRERA office, MahaRERA staff informed the allotee that "I don't see any copy of your complaint in our records nor do I see any directions from MOHUA in our records". When the allotee questioned on how can the records go missing and shared the soft copy of the complaint, MahaRERA staff refused to give any direct answer and asked the allotee to go and file the complaint again, instead of taking the copy of the complaint shared by the allotee and initiate necessary action. Then, we sent multiple emails to MahaRERA requesting an answer on how our complaint went missing in their office and what action has been taken on our complaint but we did not receive any response	Emails to MahaRERA inquiring on action taken against fraud by promoter
47	16th Nov 2024	As I did not receive any reply on my queries on complaints going missing in MahaRERA, i again filed a complaint before MOHUA informing them that MahaRERA have not taken any action on their directions and refused to take any action even when the copy of the complaint was shared. Noticing the biased proceedings in MahaREAT, I also shared the copy of this appeal to Chairperson of MahaREAT requesting him to direct the bench to decide my appeal on merits ASAP	Appeal to MOHUA requesting second time for action against fraud by promoter
48	17th Jan 2025	As expected, MahaRERA passed a biased order of dismissing my appeal with directions to "Go and file an amended complaint again before MahaRERA and fight the entire case again on merits". By this completely biased and illegal order, MahaRERA tribunal indirectly told us that you have wasted 8 years of our time, money and efforts in this case and should forget about getting flat and compensation as we will keep you running here and there between MahaRERA authority and MahaRERA tribunal	Illegal and biased order of MahaRERA tribunal on my appeal directing me to fight my case from scratch via a new amended complaint before MahaRERA Authority
49	24th Jan 2025	After the above biased order, i went to registrar office and raised many questions on continued biased conduct by MahaREAT judges(Members) and what actions was taken on my multiple complaint on "fraud by promoter" but registrar refused to give any direct answer. Then I filed RTI to get the information on my questions, complaints, directions etc raised before the registrar. Even after filing RTI, i did not receive any of the information requested	RTI before MahaRERA Authority requesting information on status on my complaint of "fraud by promoter" RTI before MahaRERA Tribunal requesting information on action taken against corruption in MahaRERA and status on my complaint of "fraud by promoter"
49	18th Apr 2025	I filed a writ petition before hon'ble Bombay high court praying for quashing of order dated 17th Jan 2025 and investigating the corruption by officers/members in both Maharera and MahaREAT and transfer of my appeal to high court as all members/judges(Members) are corrupt to deliver justice in my case.	Writ petition requesting for quashing of all illegal orders passed by MahaRERA tribunal and transfer of appeal to high court
50	May to Jun 2025	Meanwhile, Promoter filed another application on a disposed appeal requesting for reimbursement of money deposited before MahaRERA tribunal. This application was allowed by MahaRERA tribunal. I also receive notice from registry of MahaRERA tribunal that matter will be decided Ex-Parte if i don't attend the hearing	Application of Reimbursement requesting for return of money deposited for filing appeal. Notice of Registrar for Ex-parte hearing
52	26th June 2025	Filed a complaint before SIC against PIO of both MahaRERA and MahaREAT praying for disciplinary actions and penalties for not providing the requested information under the RTI act that would have given additional evidences on corruption happening in their offices.	Complaint to SIC against PIO of MahaRERA Authority Complaint to SIC against PIO of MahaRERA Tribunal

Below are some other Documents showing Maharera Authority passing biased orders and not taking any action against this promoter for non-Compliances:-

Sr. No	Date	Event/Incident	Application/Order Download Link
1	9^th Dec 2019	Complainant demanded compensation and possession of flat but was not given any compensation
2	8^th Dec 2020	Another Complainant demanded compensation but was not given any compensation. Same order was passed again and no action was taken by hon'ble authority for non-execution of similar order passed on 9^th Dec 2019. This complainant also filed non-execution of order in 2022 but no suo-moto action taken by judge of hon'ble RERA authority
3	July 2021	Another Complainant (CC006000000197633) filed complaint against this promoter. As per info given to me, 1 year has passed, yet the case is not listed for hearing by registrar
4	Dec 2021	Another Complainant (CC006000000196307) filed complaint against this promoter. As per info given to me, this case is not yet listed for hearing by registrar
5	Apr 2019 till date	Check download link. Promoter till date has not uploaded Form- 4 with occupancy certificate and Annual Audit Report of statutory CA since 2019 and Quality Assurance certificate since 2019. Maharera authority did not took any suo-moto action for these non-compliances, despite of multiple complaints pending before Maharera authority
6	13th Sep 2023	Promoter did illegal construction in one of his project and then, filed case against NMMC for not giving OC. Promoter dragged this case for 14 years by submitting bogus applications. When promoter was about to lose the case, then he filed WRIT petition in high court to further drag the case. When WRIT petition also didn't work, he withdrew the suit against NMMC unconditionally. Fine was imposed on promoter by court.

Sr. No	Date	Event/Incident	Application/Order Download Link
1	2008 to 2018	List of 17+ cases filed against this promoter till year 2018
2	Feb 2011	WRIT PETITION NO.777 OF 2011 before Bombay high court for some fraud in local election
3	Feb 2017	This Promoter was caught distributing cash to voters during elections	Ex Shiv Sena corporator from Thane caught distributing cash (mid-day.com)
4	Mar 2022	WP No 2820 of 2022 pending before Bombay high court. This petition against NMMC seems to be connected to construction of our flats and also connected to Special Civil Suit 553 of 2008 pending before thane court.