Maharashtra Real Estate Appellate Tribunal Rejects Realty Firm's Delay in Filing Appeal
The Maharashtra Real Estate Appellate Tribunal (MREAT) has rejected the applications by Agile Real Estate (AREPL) to condone the delay in filing appeals against a July 2024 order. The order, issued by MahaRERA, directed 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
Home buyers in the 'Immensa D' project were represented by advocate Vinod Talreja in the tribunal. In their judgment, MREAT chairperson SS Shinde and member Shrikant Deshpande highlighted several key points. They noted that the applicant, AREPL, failed to provide a convincing explanation for why they did not apply for a certified copy of the order between July 29 and August 12, 2024, when the old system of MahaRERA was still operational for submitting online applications.
AREPL had argued that a medical contingency with a family member of the advocate on record prevented them from filing the appeal on time. However, the tribunal was not persuaded by this argument. MREAT pointed out that the promoter had all the necessary resources to engage other advocates to file the appeals within the limitation period, which they eventually did. The tribunal further observed that AREPL obtained the certified copy on September 23, 2024, but did not file the appeal until January 2025.
The tribunal emphasized that the applicant failed to act diligently in preferring the appeals against the impugned order within the limitation period, thereby failing to protect their rights to appeal. This ruling underscores the importance of timely legal action in real estate disputes and the strict adherence to procedural deadlines.
This decision by MREAT is likely to have a ripple effect on other real estate firms facing similar issues. It sets a precedent that delays in legal proceedings, even if attributed to personal circumstances, will not be easily condoned. Home buyers, on the other hand, are likely to find this decision reassuring, as it reinforces the regulatory authority's commitment to protecting their interests.
The 'Immensa D' project, located in Thane, has been a focal point of controversy due to delays in project completion and the subsequent legal battles. MahaRERA's order to pay interest to home buyers is a step towards ensuring that developers adhere to their commitments and face consequences for failing to do so.
In conclusion, this ruling by MREAT serves as a reminder to real estate firms to be proactive and diligent in their legal and regulatory compliance. It also highlights the importance of timely action in legal matters to protect one's interests.
Frequently Asked Questions
What is the Maharashtra Real Estate Appellate Tribunal (MREAT)?
The Maharashtra Real Estate Appellate Tribunal (MREAT) is a judicial body established under the Real Estate (Regulation and Development) Act, 2016, to hear appeals against orders passed by the Maharashtra Real Estate Regulatory Authority (MahaRERA).
Why did MahaRERA order Agile Real Estate to pay interest to home buyers?
MahaRERA ordered Agile Real Estate to pay interest to home buyers because the company failed to hand over possession of flats in the 'Immensa D' project in Thane within the agreed timeframe, causing delays and inconvenience to the buyers.
What was the reason given by AREPL for the delay in filing the appeal?
AREPL argued that a medical contingency with a family member of the advocate on record prevented them from filing the appeal on time. However, this reason was not accepted by the tribunal.
What does this ruling mean for real estate firms in Maharashtra?
This ruling by MREAT emphasizes the importance of timely legal action and strict adherence to procedural deadlines for real estate firms. It sets a precedent that delays in legal proceedings will not be easily condoned, even if attributed to personal circumstances.
How does this decision impact home buyers?
This decision is likely to be reassuring for home buyers as it reinforces the regulatory authority's commitment to protecting their interests. It ensures that developers are held accountable for delays and must compensate home buyers for any inconvenience caused.
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