Maharashtra Real Estate Appellate Tribunal Dismisses Appeal Due to Delay

The Maharashtra Real Estate Appellate Tribunal (MREAT) has recently dismissed an application by Agile Real Estate (AREPL) for condoning the delay in filing an appeal against a July 2024 order by MahaRERA. The order required AREPL to pay interest to home buyers for the delay in handing over possession of flats in the 'Immensa D' project in Thane.

Real EstateMreatMahareraAgile Real EstateHome BuyersReal Estate MumbaiMay 16, 2025

Maharashtra Real Estate Appellate Tribunal Dismisses Appeal Due to Delay
Real Estate Mumbai:The Maharashtra Real Estate Appellate Tribunal (MREAT) recently dismissed an application by Agile Real Estate (AREPL) for condoning the delay in filing an appeal against a July 2024 order by MahaRERA. This order required AREPL to pay interest to home buyers who had invested in the 'Immensa D' project in Thane, due to the delay in handing over possession of flats. Home buyers were represented by advocate Vinod Talreja in the tribunal. Chairperson SS Shinde and member Shrikant Deshpande, in their judgment, highlighted that the applicant failed to demonstrate what prevented it from applying for the certified copy between July 29 and August 12, 2024, when the old system of MahaRERA was still available to submit any online application. On the other contention of the promoter, that it could not file the appeal due to a medical contingency with a family member of the advocate on record, MREAT stated that the promoter had all necessary resources available to engage other advocates to file the appeals within the limitation period to protect its interests. The tribunal pointed out that the applicant obtained the certified copy on September 23, 2024, yet filed the appeal only in January 2025. The tribunal further observed that the applicant failed to act diligently to prefer the appeals against the impugned order within the limitation period and protect its rights to appeal. This decision underscores the importance of timely action in legal proceedings, especially in the real estate sector where delays can significantly impact home buyers and developers alike.

Frequently Asked Questions

What is the Maharashtra Real Estate Appellate Tribunal (MREAT)? A: The Maharashtra Real Estate Appellate Tribunal (MREAT) is a statutory body established under the Real Estate (Regulation and Development) Act, 2016. It is responsible for hearing appeals against orders, decisions, or directions made by the Maharashtra Real Estate Regulatory Authority (MahaRERA). Q: What was the original order by MahaRERA against Agile Real Estate? A: MahaRERA, in an order dated July 29, 2024, directed Agile Real Estate (AREPL) to pay interest to home buyers who had invested in the 'Immensa D' project in Thane for the delay in handing over possession of flats. Q: Why was the appeal by Agile Real Estate dismissed? A: The appeal by Agile Real Estate was dismissed because the company failed to demonstrate a valid reason for the delay in filing the appeal. The tribunal noted that the company had the necessary resources to file the appeal within the limitation period but did not act diligently. Q: What is the 'Immensa D' project mentioned in the article? A: The 'Immensa D' project is a real estate development in Thane, Maharashtra, undertaken by Agile Real Estate. The project faced issues related to the delay in handing over possession of flats to home buyers, leading to the MahaRERA order and subsequent legal proceedings. Q: What is the significance of the tribunal's decision for home buyers and developers? A: The tribunal's decision emphasizes the importance of timely action in legal proceedings. It serves as a reminder to both home buyers and developers to act diligently to protect their rights and interests, especially in the context of real estate projects.

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